Chapters:
    16.04 GENERAL PROVISIONS--INTENT
    16.08 DEFINITIONS AND GENERAL PROVISIONS
    16.12 PROCEDURES
    16.16 PRELIMINARY PLAT REQUIREMENTS
    16.20 FINAL PLAT REQUIREMENTS
    16.24 MINOR SUBDIVISION REQUIREMENTS
    16.28 RESUBDIVISIONS--CORRECTED PLATS--REQUIREMENTS
    16.32 RECORD PLAT PROCEDURES
    16.36 TIME LIMITS OF APPROVAL
    16.40 MINIMUM DESIGN STANDARDS
    16.44 IMPROVEMENTS CONSTRUCTION PROGRAM
    16.48 REQUIRED IMPROVEMENTS
    16.52 APPEALS
    16.56 ENFORCEMENT
    16.60 AMENDMENTS
 

Sections:
    16.04.010 Authority.
    16.04.020 Legislative intent.
    16.04.030 Exclusions.

Section 16.04.010 Authority.
    A. Under the authority contained in Chapter 23A, Chapter 66B and Real Property Title 3, Subtitle 1, Section 108 of the Annotated Code of Maryland and amendments thereto, and Chapter 8, SC-11-8 of the Charter of the city of Salisbury and other applicable laws of the state or city, the following rules and regulations governing the subdivision of land within the corporate limits of the city of Salisbury are established.
    B. The procedures and regulations established provide for the proper arrangement of lots, streets, open spaces, utilities, recreation, light and air, minimum width and area of lots, the location, design and improvements required for streets, utilities, sidewalks, the location and size of water, sewer and other utility mains, piping, stormwater management or other public facilities which shall be installed, in any subdivision or which shall be necessary to serve any subdivision. (Ord. 1661 (part), 1997)

Section 16.04.020 Legislative intent.
    A. It is the legislative intent of these regulations to establish standards and procedures governing the subdivision and resubdivision of land within the city of Salisbury, in order to promote public health, safety and general welfare of existing and future city residents.
    B. The provisions of this title are intended to regulate the division of land in such a manner as to minimize the impact of development on the general public in accordance with the following:
    1. To provide for the harmonious and orderly development of the city of Salisbury in accordance with the policies of the city council and the general principles set forth in the adopted comprehensive plan on file in the planning department, or any adopted special area plans or sector plans;
    2. To promote the logical, orderly and appropriate development of land consistent with the natural and fiscal resources of the city; and
    3. To coordinate existing streets and roads with proposed streets and roads and to ensure the adequate design and proper capacity of all existing and proposed streets and roads;
    4. To ensure adequate on-site open space for buildings, recreation, light and air;
    5. To ensure that sites hereafter created are suitable for building and development purposes or other appropriate uses in accordance with all city regulations and policies;
    6. To facilitate the adequate provision of land areas or easements for streets, highways, skywalks, roads and other transportation facilities, water lines, sewer lines, schools, drainage ways, stormwater management areas, parks, and open spaces and other public facilities;
    7. To protect the adequacy and capacity of existing and planned schools, parks, roads, natural drainage ways, and other public facilities necessary to serve development. (Ord. 1661 (part), 1997)

Section 16.04.030 Exclusions.
    These regulations shall not apply to the following types of subdivisions:
    A. The sale or exchange of parcels of land between owners of adjoining properties, provided that additional lots are not thereby created and that the lots remaining after such sale or exchange are not reduced below the minimum sizes or dimensions required by this or other applicable regulations. A plat or property survey showing all sales or exchanges of parcels of land between owners shall be prepared and submitted to the director of public works for approval and signing, and prior to recordation by the subdivider;
    B. The transfer of existing land or an existing lot or parcel of land legally established by deed or plat recorded among the land records of Wicomico County;
    C. The division or sale of land by judicial decree or governmental action;
    D. A division or partition of agricultural land in parcels of twenty (20) acres or more not for development purpose, provided that all parcels thereby created shall have frontage of at least sixty (60) feet on a publicly maintained road or street, except that parcels with frontages of less than sixty (60) feet must be approved by the planning commission.
    The provisions of these regulations shall be held to be minimum requirements to meet the stated purpose and intent of this title. Where the provisions of these regulations impose greater restrictions than those of any statute, other regulations, or ordinance, the provisions of these regulations shall prevail. (Ord. 1661 (part), 1997)
 

Sections:
    16.08.010 General.
    16.08.020 Term meanings.
    16.08.030 Subdivision control.
    16.08.040 Plat approval required.
    16.08.050 Transfer of land--Issuance of buildings permits.

Section 16.08.010 General.
    A. The following words and phrases shall have, for the purpose of these regulations, the meanings as stated.
    B. For the purpose of these regulations, words and terms used herein shall be interpreted as follows:
    1. Words used in the present tense shall include the future tense;
    2. The singular includes the plural;
    3. The word "person" includes a corporation, institution, partnership and association as well as the individual;
    4. The word "lot" includes the word "plot" or "parcel";
    5. The word "commission" and the words "planning and zoning commission" always means the Salisbury planning and zoning commission;
    6. The words "planning director" always mean the director of the department of planning, zoning and community development or a duly designated representative;
    7. The word "city" always means the city of Salisbury, Maryland.
    8. The word "city engineer" means the director of public works or his duly designated representative.
    C. Any word or term not defined herein shall be used with a meaning of standard usage as found in Title 17, Zoning, of this code or Webster's Collegiate Dictionary. (Ord. 1661 (part), 1997)

Section 16.08.020 Term meanings.
    "Agricultural" means the bona fide use of a parcel of land of three acres or more for the cultivation of land, raising of poultry and livestock or similar agrarian activity. A parcel of land reduced to less than three subdivision shall not be defined as "agricultural" even if so used.
    "Alley" means a public or private way affording a secondary means of access to abutting property.
    "Applicant" means any person who submits subdivision plans to the planning and zoning commission or department of public works for approval,
    "Building" means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or chattels including any tent, cabin trailer, or mobile home. When such structure is divided by one or more unpierced walls extending from the ground up, it shall be considered one building for the purposes of applying the provisions of this title.
    "Building line" means a front, rear or side yard line as defined herein, used to delineate that portion of a lot within which buildings and other structures shall be confined.
    "Canal" means an artificial watercourse or channel.
    "Community use" means one or more lots or parcels which may be either publicly or privately owned, but limited to use, maintenance and control by members or residents of the subdivision.
    "Comprehensive site plan" means a plan, either on one sheet or separate sheets, drawn to scale, which shows the proposed location and dimensions of all roads, vehicular and pedestrian accessways, buildings, building footprints, parking areas, including the type and size of all spaces, open spaces, landscaping, recreation facilities, natural features, drainage ways, fire-fighting facilities, existing zoning, abutting property owners, stormwater management areas, setbacks from all property lines, on-site loading and unloading spaces and recreational facilities, as well as any on-site refuse disposal or recycling areas and facilities or both as may be required by city regulations.
    Corrected Plat. See "Resubdivision."
    "Design" means the layout, engineering and planning of street alignments, grades and widths, alignment and widths of easements and rights-of-way for drainage and sanitary sewers and minimum lot area and width.
    "Easement" means a grant of the use of a parcel of land to the city or a person or persons or the public for a specific, limited purpose, without including fee simple ownership of the land.
    "Final plat" means a plat prepared in accordance with the provisions of this title, approved by the Salisbury planning and zoning commission or director of public works and recorded in the office of the clerk of the circuit court of Wicomico County.
    "Improvements" means those physical additions, installations and changes, including, but not limited to grading, streets, curbs, sidewalks, water mains, sewers, drainage facilities, public utilities, street trees, and other appropriate items required to render land suitable for development under all city and state of Maryland requirements.
    "Improvements construction plan" means a plan prepared by a registered engineer showing all proposed improvements to the subdivision including the exact location of any sewer or water line drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, or other facility for which the city may ultimately assume the responsibility for ownership, maintenance or operation.
    "Lot" means a plat or parcel of land occupied or intended to be occupied by a principal building or use or group of buildings and accessory buildings and uses, including all open spaces and yards required by this title and having frontage on a road as defined herein.
    "Lot corner" means a lot abutting upon two or more roads at their intersection or upon two parts of the same road, where an interior angle of less than one hundred thirty-five (135) degrees is formed.
    Lot, Double Frontage. "Double frontage lot" means a lot having frontage on two nonintersecting roads.
    "Owner" means the individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
    "Pavement width" means the improved travelway of any street as measured from curb to curb.
    "Planning department" means the Salisbury-Wicomico County department of planning, zoning and community development.
    "Preliminary plat" means a plat prepared by a registered land surveyor for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, the plat need not be based upon an accurate or detailed final survey of the property, if submitted as an informal concept plat.
    "Public meeting" means a meeting of the planning commission preceded by notice, open to the public and at which the public may, at the discretion of the body holding the public meeting, be heard.
    "Reservation" means an area shown on a plat to be reserved for possible future acquisition by the city that is kept free and clear of all permanent structures until such time as the city relinquishes the reservation. Land thus reserved may be included in the area and dimensions of the lot or parcel.
    "Resubdivision plat" means the division or combining of land into one or more lots or any change in a previously approved or legally recorded subdivision plat that affects any street layout or lot or area reserved thereon for public use or the dimension or course of any lot line. The term shall also include any plats submitted to correct any mistakes to a previously recorded plat.
    "Right-of-way" means a strip of land occupied or intended to be occupied by a street, alley, crosswalk, water line, sanitary or storm sewer-line, storm drain, drainage ditch or for another special use. The usage of the term "right-of-way" for land plotting purposes shall mean that every right-of-way hereafter established shall be shown on the final plat. The pavement width from face of curb to face of curb of roads and alley rights-of-way are to be separate and distinct from lots or parcels adjoining such right-of-way, and not included with the dimensions or areas of such lots or parcels.
    "Road/street" means a public or private right-of-way which provides a public means of access to abutting property, or any public or private right-of-way which existed prior to the enactment of this ordinance. The term shall include street, road, avenue, drive, circle, highway or similar term.
    "Road line" means the existing or proposed right-of-way line of any road or street as herein defined.
    "Subdivider" means the person commencing proceedings under this title to effect a subdivision of land.
    "Subdivision" means:
    1. The division of a single lot, tract or parcel of land or part thereof into two or more lots, tracts or parcels of land for the purpose, whether immediate or future, for the transfer of ownership or for building development;
    2. The term "subdivision" when appropriate to the context shall relate to the process of subdividing or to the land subdivided.
    Subdivision, Minor. "Minor subdivision" means the division of a single lot, tract or parcel of land into not more than five or fewer lots, tracts or parcels of land for the purpose, whether immediate or future, of transfer or of building development, provided the proposed lots, tracts or parcels of land thereby created have frontage on an improved community street or streets, and providing further that there is not created by the subdivision any new street or streets. A minor subdivision shall be processed in accordance with the requirements of a record plat.
    Subdivision, Major. "Major subdivision" means a subdivision as defined herein of six or more lots, or less than six lots where a new street is being created.
    "Surveyor" means a registered Maryland professional land surveyor or Maryland property line surveyor employed by the owner or by the subdivider to prepare the necessary data and plats for the subdivision.
    "Total roadway acquisition" means the total land acquired including right-of-way and easements occupied or intended to be occupied by a street, alley, crosswalk water line, sanitary sewer line, storm drain, drainage ditch or for another special use. (Ord. 1661 (part), 1997)

Section 16.08.030 Subdivision control.
    It unlawful for the owner of any land within the corporate limits of Salisbury, or any other person, firm or corporation, to subdivide any lot, tract or parcel of land, or layout, construct, open or dedicate for public use or travel, any street, road, sanitary sewer, storm sewer, drainage facilities, or other facilities in connection therewith, or for the common use of occupants of buildings within the subdivision, unless and until:
    A. A plat of such subdivision is caused to be made in accordance with the regulations set forth herein;
    B. Approval is secured thereof from the Salisbury planning and zoning commission or director of public works as provided herein; and
    C. The commission or director has caused copies of the plat to be recorded in the land records of Wicomico County. (Ord. 1661 (part), 1997)

Section 16.08.040 Plat approval required.
    No plat of any major subdivision shall be recorded until it has been submitted to and approved by the planning and zoning commission or director of public works as provided herein. The commission shall not approve the plat unless it is satisfied that the requirements of these regulations have been complied with. (Ord. 1661 (part), 1997)

Section 16.08.050 Transfer of land--Issuance of buildings permits.
    A. No land in a subdivision created after April 29, 1963 shall be transferred, sold or offered for sale, nor shall a zoning permit be issued for a structure thereon, until a final plat of such subdivision shall have been recorded in accordance with these regulations and the provisions of the state, and until the improvements required in connection with the subdivision have either been constructed or guaranteed as hereinafter provided.
    B. No building depending upon public water and sewerage facilities shall be permitted to be occupied before such facilities are fully provided and operational. (Ord. 1661 (part), 1997)
 

Sections:
    16.12.010 General.

Section 16.12.010 General.
    A. The procedure for review and approval of a subdivision plat consists of two separate steps. The first step in the approval process is the preparation and submission to the planning commission of a preliminary plat that complies with the requirements of this title. The second step consists of the preparation and submission to the planning commission of the final plat, together with the required certificates. This final plat becomes the instrument to be recorded in the office of the clerk of the circuit court when duly signed. This process of the review of subdivision plats shall be in accordance with the requirements set forth in this title.
    B. Any owner of land lying within the corporate limits of the city wishing to divide such land into two or more lots, sites or divisions for the purpose, either immediate or future, of sale or of building development, or wishing to resubdivide for this purpose, except as exempted by this title, shall submit a plat of such proposed subdivision to the planning commission for approval. Any such plat of subdivision or resubdivision shall conform to the minimum standards of design for the subdivision of land as set forth in these regulations and shall be presented in the manner specified. No plat of a subdivision or resubdivision of land in the area within the jurisdiction of the planning commission of the city shall be filed or recorded by the clerk of the circuit court without the required approvals as specified in this title.
    C. In order to secure review and approval of the planning commission of a proposed subdivision or resubdivision, the prospective subdivider shall, prior to the making of any street improvements or institution of utilities, submit to the planning commission and have approved a preliminary plat, as provided in this title. Upon approval of the preliminary plat, the subdivider may proceed with the preparation of the final plat and other documents required in connection therewith as specified and provide or guarantee the improvements set forth in this title. (Ord. 1661 (part), 1997)
 

Sections:
    16.16.010 Preliminary plat.

Section 16.16.010 Preliminary plat.
    A. Scope--Procedure. A preliminary subdivision plat is required to be submitted to the planning commission for review and approval for all proposed major subdivisions, as defined by Section 16.08.020 of this code, and any subdivision where five lots have already been subdivided from a parcel of record. This provision shall apply regardless of ownership or change in ownership since the original lots were subdivided.
    1. The preliminary plat shall be submitted to the planning department which is from time to time established by the planning commission.
    2. The planning commission shall consider such preliminary plat and take action thereon at a meeting open to the public but the plat shall not be scheduled for action by the commission until the director of public works certifies that all requirements of these regulations applying to a preliminary plat have been met.
    3. In the event of a disagreement between the applicant and the director of public works concerning the application of this title, either party may, no sooner than sixty (60) days after the plat is received by the department of public works, submit the plat to the commission for its review.
    4. No plat shall be acted upon by the planning commission except at a public meeting, notice of the time and place of which shall be sent by regular mail to the applicant or his representative not less than five days before the date of the meeting.
    5. The planning commission may approve the preliminary plat with or without conditions or modifications or may disapprove the plat.
    6. If the planning commission disapproves the plat, reasons therefore shall be submitted in writing to either the applicant or his representative.
    7. If the commission does not approve, disapprove, table for further consideration, or review and make recommendations on the plat within sixty (60) days after the meeting at which the preliminary plat was first reviewed, the plat shall be deemed approved as submitted, and may be prepared and submitted by the applicant as a final plat.
    B. Drafting Standards. All preliminary plats shall be prepared in accordance with the following drafting standards:
    1. The plat shall be drawn at a scale of one inch equals one hundred (100) feet or other appropriate scale approved by the director of public works.
    2. When more than one sheet is necessary, each sheet shall bear the name of the subdivision and shall be numbered and show its relationship to the total number of sheets.
    3. Where any revision is made, or when a plat is a resubdivision of a previously recorded plat, dashed or light dotted lines shall be used to show features or locations to be changed. Solid lines shall be used to show the existing features.
    4. The perimeter boundary line of the subdivision shall be shown as a solid heavy line and all proposed lots shall be shown solid with lines of lesser thickness and/or different patterns.
    5. All existing parcels within a proposed subdivision shall be shown by a different line pattern or line weight than the proposed lots and clearly labeled.
    6. Easements shall be shown with dotted lines and clearly labeled.
    7. All plats shall be clearly titled "Preliminary--Not for Recording," on a sheet size of either twenty-four (24) inches by thirty-six (36) inches or eighteen (18) inches by twenty-four (24) inches.
    C. Information Required. The preliminary plat shall meet the minimum design standards for the construction of public improvements set forth in Chapter 16.40 of this title and shall give the following information insofar as possible:
    1. The name and location of the proposed subdivision, the name and address of the owner or owners and the name and seal of the or surveyor who prepared the plat and an acknowledgment that the professional land surveyor or property line surveyor is duly licensed by the state of Maryland;
    2. The date, geographic scale and a north arrow designating the northerly direction of the Y-axis of the Maryland State Grid Coordinate System;
    3. Location and vicinity map showing relationship of subdivision site to area;
    4. The location of existing and platted property lines, streets, buildings, watercourses, with detailed or approximately one hundred (100) year floodplain delineation, water and sewer lines, railroads, bridges, culverts, drain pipes, and any easements based on an accurate field survey and the names of all adjoining owners or subdivisions;
    5. Plans of proposed sewer or water utility layouts showing feasible connections to existing or proposed systems when required by the director of public works. The number of service connections will be determined by the director of the city department of public works;
    6. When public sewer and water systems are not available, any proposed individual on-site water supply and/or sewage disposal system must be specifically approved by the city director of public works and the county health officer;
    7. The tax map, city property maps, grid and parcel numbers, deed reference, zoning classifications; the water and sewerage plan service area; the tax ditch, and the urban services district in which the subdivision is located, if applicable;
    8. The names, locations, widths and other dimensions of proposed streets, alleys, easements, parks and other open spaces, reservations and stormwater management areas;
    9. Approximate dimensions, lot numbers, block letters, front building lines and any other proposed private setback lines for the proposed lots;
    10. Contours at vertical intervals of not more than one foot, when required by the director of the department of public works. The director may require contours of a lesser interval where conditions of the parcel warrant;
    11. The preliminary plat shall include a signed certificate showing ownership or legal control of the property and a tabular summary of the following:
    a. The total acreage of the site being subdivided,
    b. The total number of lots proposed and average lot size,
    c. The area of natural vegetation to remain on the site and all buffer or screening areas as proposed or as may be required by the commission,
    d. The estimated total amount of land area on the site to be reserved and used for stormwater management areas,
    e. The total amount of land area proposed for access rights-of-way, easement areas, on-site recreation, open spaces, and other parcels or areas in the subdivision reserved for the common use of residents,
    f. The estimated linear footage and area of new public roads to be constructed or widened;
    12. The following information shall also be shown, if applicable:
    a. Chesapeake Bay Critical Area. All preliminary plats for land located in the Chesapeake Bay Critical Area shall be in accordance with the requirements of Chapter 12.20 of Title 12, Chesapeake Bay Critical Area Natural Resources Protection,
    b. The One Hundred (100) Year Floodplain. The one hundred (100) year floodplain line and elevations shall be shown on the plat in accordance with a method approved by the director of public works,
    c. Forest Conservation Act. All areas required for preservation or conservation as may be required by the Forest Conservation Act,
    d. A note indicating that the property is located in an airport zoning district and any airport approach, horizontal, transitional or turning surface and an airport clear zone; and the identification of any easement related to airport safety, maintenance or operations which may affect the property,
    e. When required by the director of public works location and general design of any stormwater management pond as required by Chapter 13.28 of Title 13, Stormwater Management, of this code. A general description of the proposed flow pattern for the entire drainage system, including the paved surfaces, open ditches and piped sections, with outfall points indicated shall be included or available for reference,
    f. All preliminary plats for land located in a well head protection area shall be in accordance with the requirements of the city well head protection areas ordinance,
    g. The Paleochannel. All preliminary plats for land located over the paleochannel, the paleochannel line shall be shown.
    D. Copies. Five copies of the preliminary plat shall be submitted to the planning department. The staff shall distribute the copies as follows: two copies of the plat will be submitted to the department of public works, one copy to the fire chief, one copy to the director, department of building, housing and zoning, and one copy will be retained in the files of the planning commission.
    E. Concept Approval or Denial. The planning commission may provide concept approval or denial of a preliminary plat of a parcel that could only be developed by special consideration in order to allow a developer to obtain an approval before proceeding with the required engineering.
    1. All such plats shall clearly show the reasons for the commission's action, be legible and drawn to approximate scale.
    2. Once approval has been obtained from the commission, the plat shall be reviewed and approved in accordance with all final plat requirements of this chapter.
    F. Preliminary Plat of Entire Tract. If, after the subdivision of any five lots from a legally established parcel of record, the planning commission determines that it is necessary in order to assure the future coordination of any street, drainage area or other community services or facilities, the commission may require the preparation of a preliminary plat for up to one hundred (100) acres of the entire tract regardless of current ownership or change in ownership since the original lots where subdivided from the property.
    G. Denial of Preliminary Plats. The planning commission may deny approval of any preliminary plat of the subdivision of land if, after investigations conducted or recommendations by the public agencies concerned, it is determined that at least one of the following factors exists in regards to the subdivision:
    1. The land is subject to flooding or is topographically unsuitable for residential occupancy or for such other use and the development or occupancy of which may increase the danger of health, life, property, or aggravate erosion or flood hazard to future occupants or the general public; or
    2. Inadequate drainage ways or public accessways exist, either on-site or off-site, to serve the proposed development; or
    3. A subdivision is proposed without frontage on a governmentally owned or maintained street or road; or
    4. The health department has determined that the soils on the site or the water supply serving the subdivision is contaminated and development would pose a danger to the health and safety of the public; or
    5. The layout of the lots are such that intensive development of the site will create a safety hazard to the future residents of the subdivision or to the general public; or
    6. The proposed subdivision does not meet the requirements of this title and the applicant is unable to receive a waiver or a variance.
    H. Appeal of Preliminary Plat Denial. All decisions of the commission to deny approval of a preliminary plat may be appealed to the city board of zoning appeals in accordance with the provisions of Chapter 16.52, Appeals, of this title. (Ord. 1661 (part), 1997)
 

Sections:
    16.20.010 Final plat.
    16.20.020 Subdividing unique situations.

Section 16.20.010 Final plat.
    A. Scope--Procedure. Final plats may be submitted to the planning department for consideration by the planning commission at any time during the year for official action at a public meeting.
    1. No final plat shall be acted upon by the planning commission until the director of public works verifies that the plat meets the following:
    a. Actual size of lots, as approved by the health department or in conformance with Title 17, Zoning, are shown on the plat;
    b. All requirements for a final plat as required by this chapter and the plat contains the signature of the owner(s), the signature of the surveyor and the signature of the appropriate health department official.
    2. No final plat shall be acted upon by the planning commission except that a public meeting, notice of the time and place of which shall be sent to the applicant or his representative five days before the date of the public meeting; provided, however, that in his application, the applicant may waive such notice.
    3. Within sixty (60) days of the meeting, at which the final plat is first reviewed, the planning commission shall approve the final plat, with or without conditions or modifications, or shall disapprove the same.
    B. Drafting Standards. All final plats shall be prepared in accordance with the following drafting standards:
    1. The plat shall be drawn at a scale of one inch equals one hundred (100) feet or other appropriate scale approved by the director of public works.
    2. Dimensions shall be in feet and decimal parts thereof to the nearest hundreds and bearings in degrees, minutes and seconds.
    3. When more than one sheet is necessary, each sheet shall bear the name of the subdivision and shall be numbered and show its relationship to the total number of sheets.
    4. Where any revision is made, or when a plat is a resubdivision of a previously recorded plat, dashed or light dotted lines shall be used to show features or locations to be changed and solid lines shall be used to show the existing features.
    5. The perimeter boundary line of the subdivision shall be shown as a solid heavy line and all proposed lots shall be shown with lines of lessor thickness and/or different patterns.
    6. All existing parcels within a proposed subdivision shall be shown by a different line pattern or line weight than the proposed lots and clearly labeled.
    7. Easements shall be shown with light dashed lines and clearly labeled.
    8. All said plats shall be clearly titled "Final Subdivision Plat" or "Final Resubdivision Plat."
    C. Information Required. The final plat shall show:
    1. The date, title, name and location of the subdivision, graphic scale and a north arrow referenced to the Maryland Grid Coordinate System;
    2. Location and vicinity map showing the site in relation to area;
    3. The final lines of all streets and roads, alleys lines, lot lines, dimensions and sizes, front building setback lines, lots numbered in numerical order, blocks numbered in alphabetical order; reservations, easements, existing structures and any areas to be dedicated to common use or public use or sites for other than residential use with notes stating their purpose and any limitations thereto;
    4. Sufficient data to readily determine and to reproduce on the ground the location, bearing and length of every street line, boundary line, block line and front building line whether curved or straight. This shall include the radius, central angle, tangent, arc length and chord distance for all curved property lines;
    5. The names and location of adjoining subdivisions and streets and the location and ownership of adjoining unsubdivided property;
    6. The plat shall be legible, drawn accurately and to scale and shall be submitted for recordation using black ink on transparent mylar, or linen or black-line photo process comparable to original quality that will conform to the state's archival standards;
    7. All courses shown on the plat shall be calculated from the plat meridian. The plat shall include a north arrow designating the northerly direction of the Y-axis of the Maryland Grid Coordinate System;
    8. No distance on the plat may be marked, "more or less," except on lines which begin, terminate, or bind on a marsh, stream or any body of water. When binding on water or marsh, a traverse line (meandering line) may be required with tie in distances to water line;
    9. The plat shall show the position by coordinates of all monuments, and monuments shall be set to delineate all perimeter comers of the subdivision and streets including points of curve and points of tangents. These monuments shall comply with Chapter 56, Section 333(D) of the Annotated Code of Maryland and Code of Maryland Regulations, COMAR 09.13.03;
    10. The Maryland State Grid Coordinate System shall be used for horizontal control. Bearings of lines and coordinates of corners, points of curvature, and traverse points shall be referenced to the Maryland State Coordinate System in accordance with the Special Publication No. 235 "THE STATE COORDINATE SYSTEMS" (A Manual for Surveyors) published by the U.S. Department of Commerce, National Geodetic Survey, and the plat shall indicate the traverse point of origin of the survey. The city's vertical control datum shall be used. All vertical elevations shall be referred to a city's approved project benchmark;
    11. The following certificate shall be placed on the plat and signed by the owner of the land shown on the plat and by the surveyor preparing it. Each plat shall be signed and sealed by a surveyor registered in the state of Maryland.

            Certificate:

            I/We certify that the requirements of real property Section 3-108 of the Annotated Code of Maryland,
        latest edition, as far as it concerns the making of this plat and setting of markers have been complied
        with.

    12. Certification by county health office for adequacy of service or water supply shall be shown on the plat;
    13. The location and designation of any stormwater management areas shall be shown on the plat;
    14. The following note shall appear on the final plat:

            Note: Final Plat approval certifies that the subdivision has been reviewed for stormwater drainage
        affecting only streets and public areas within its own boundaries, not individual lots.

    15. The following information shall also be shown:
    a. Chesapeake Bay Critical Area. All final plats for land located in the Chesapeake Bay Critical Area shall be in accordance with the requirements of Chapter 12.20 of Title 12, Chesapeake Bay Critical Area Natural Resources Protection,
    b. The One Hundred (100) year Floodplain. The one hundred (100) year floodplain line and elevations shall be shown on the plat in accordance with a method approved by the director of public works consistent with the requirements of Chapter 15.16 of Title 15, Floodplain Management, of this code,
    c. All areas reserved for conservation or preservation in order to comply with the requirements of the Forest Conservation Act,
    d. A note indicating that the property is located in an airport zoning district and any airport approach, horizontal, transitional or turning surface and an airport clear zone; and the identification of any easement related to airport safety, maintenance or operations which may affect the property,
    e. When required by the director of the department of public works any on-site stormwater management pond as may be required by Chapter 13.28 of Title 13, Stormwater Management, of this code,
    f. All final plats for land located in a well head protection area shall be in accordance with the requirements of the city well head protection areas ordinance,
    g. The Paleochannel. All final plats for land located over the paleochannel, the paleochannel line shall be shown,
    h. Wetlands delineation as required by state and/or federal agencies;
    16. Bodies of Water. The location of any watercourse, channel, stream, creek, lake, pond or marsh shall be shown on the final plat. The direction of flow and ebb shall be shown for tidal waters;
    17. Improvements. If any existing or required utilities or improvements are to be installed other than in the streets of such subdivision, then the subdivider shall show upon the plat and dedicate the necessary easements thereof;
    18. Building setback lines as may be proposed on each lot but not less than required by Title 17, Zoning, of this code;
    19. The corporate limit lines of the city and any other municipality, if applicable;
    20. Statements or certificates as required by federal, state and/or county agencies concerning floodplains, non-tidal wetlands, tidal wetlands, and other such areas.
    D. Copies. Five copies of the final plat shall be submitted to the planning director for submission to the planning commission and appropriate review agencies.
    1. Sheet sizes shall be either twenty-four (24) inches by thirty-six (36) inches or eighteen (18) inches by twenty-four (24) inches.
    2. When more than one sheet is required, an index sheet of the same size shall be filed showing the name of the subdivision and entire subdivision drawn to scale with the sheets numbered in numerical order as a key.
    3. The planning commission may, after favorable recommendation by the director of public works, permit a different scale than required by this chapter.
    E. Denial of Final Plats. The planning commission may deny approval of any final plat of the subdivision of land if, after investigations conducted or recommendations by the public agencies concerned, it is determined that one of the following factors exists in regards to the subdivision:
    1. The land is subject to flooding or is topographically unsuitable for residential occupancy or for such other use and the development or occupancy of which may increase the danger of health, life, property or aggravate erosion or flood hazard to future occupants or the general public; or
    2. Inadequate drainage ways or public accessways exist, either on-site or off-site, to serve the proposed development; or
    3. A subdivision is proposed without frontage on a governmentally owned or maintained street or road; or
    4. The health department has determined that the soils on the site or the water supply serving the subdivision is contaminated and development would pose a danger to the health and safety of the public; or
    5. The layout of the lots are such that intensive development of the site will create a safety hazard to the future residents of the subdivision or to the general public; or
    6. The proposed subdivision will not meet the floodplain regulations in Chapter 15.16 of Title 15, floodplain management ordinance; or
    7. The proposed subdivision does not meet the requirements of this chapter and the applicant is unable to receive a waiver or a variance.
    F. Appeal of Final Plat Denial. All decisions of the planning commission to deny approval of a final plat may be appealed to the city board of zoning appeals in accordance with the provisions of Chapter 16.52, Appeals, of this title.
    G. Phased Approval. The final plat shall conform substantially to the preliminary plat as approved, except that:
    1. At the option of the subdivider, the final plat may cover only that portion of the approved preliminary plat which the subdivider proposes to record at that time; provided, that all requirements are met for the area included in the final plat.
    2. If a final plat is submitted for only a portion of the area approved in the preliminary plat, the subdivider shall have one year from the date of approval by the commission within which to present a final plat or plats in substantial conformance with the approved preliminary plat, covering that area or areas on the preliminary plat not already recorded on the final plat.
    3. The final subdivision of any future phase shall be in conformance with the city's requirements in existence at the time the final plat is approved. (Ord. 1661 (part), 1997)

Section 16.20.020 Subdividing unique situations.
    A. Existing Developments. Whenever an applicant shall propose to subdivide an existing, legally established parcel of record on which there are existing buildings, the planning commission shall have the power to agree with applicant upon, height, lot area or setback requirements or restrictions which are designed to promote the purposes of the zoning ordinance and this title. Such requirements or restrictions shall be stated upon the plat prior to the recording thereof and shall have the same force of law and be enforceable in the same manner and with the same sanctions and penalties as though set out as a part of the zoning ordinance or this title. These provisions shall only apply where the planning commission finds that the existing parcel of land cannot be subdivided in a manner that would comply with the requirements of this title without special consideration. A final plat shall be required.
    B. Parcels in Two Governmental Jurisdictions. Whenever an existing legally established parcel of land is crossed by the corporate limits line, the planning commission may approve the city portion of the lot even though it may not comply with minimum lot size or width requirement of the zoning chapter. These provisions shall apply only where the combined portions of the parcel being subdivided meet the minimum lot size of either jurisdiction. The commission's approval shall be conditioned upon both portions of the parcel in two jurisdictions being used as one lot. (Ord. 1661 (part), 1997)
 

Sections:
    16.24.005 Applicability.
    16.24.010 Minor subdivisions.

Section 16.24.005 Applicability.
    These regulations, as specifically set forth below, shall apply to the subdivision of land into five lots or less that can be approved by the director of public works. (Ord. 1661 (part), 1997)

Section 16.24.010 Minor subdivisions.
    A. The one-time creation of five lots or less from any tract of land legally subdivided after April 29, 1963 is allowed, provided that:
    1. Each lot shall contain not less than the square footage required by either the county health department or as stated in Title 17, Zoning, of this code;
    2. Each lot shall have frontage abutting a publicly maintained road of not less than fifty (50) feet;
    3. Each lot shall have a lot width as may be required by Title 17, Zoning, of this code;
    4. No remnant parcel shall be remaining from the tract being subdivided;
    5. Lots on Cul-De-Sac Streets. All lots on a turnaround where served by either private on-site systems or community water and sewer systems shall have a minimum frontage abutting a public street of at least fifteen (15) feet;
    6. All land necessary for the widening of an existing street or road shall be provided as may be required by the city department of public works but limited to not more than fifteen (15) feet;
    7. All minor subdivisions shall be shown on a plat prepared by a surveyor duly licensed by the state of Maryland and shall comply with the requirements of a final plat as described herein.
    8. All such plats shall be approved by the director of public works and county health department and shall comply with all other requirements of Title 17, Zoning, and any other city regulation as may be required by the director of the department of public works.
    B. Only five lots of the type described herein shall be permitted out of any one tract and further subdivision of the tract shall be subject to all procedures and regulations set forth in this chapter.
    C. After sixty (60) days from the date of submission to the planning department, either the director of public works or an applicant shall have the right to request that any proposed minor subdivision be processed by the planning commission under the provisions of this chapter.
    D. Once approved, all minor subdivision plats shall be filed in the same manner as a final plat in the land records of Wicomico County by the planning director. (Ord. 1661 (part), 1997)
 

Sections:
    16.28.010 Resubdivisions and corrected plats.

Section 16.28.010 Resubdivisions and corrected plats.
    A corrected plat is any modification to a previously recorded plat which results in the correction of technical or engineering data, deletion of lots, or the modification of lot lines of previously recorded lots. A resubdivision is a change to any legally recorded subdivision not creating more lots than originally approved and not creating any new street. Changes occurring as a result of highway, road, or street improvements by a public agency which requires additional right-of-way shall not require a resubdivision or corrected plat to be recorded.
    Resubdivision plats shall be prepared in accordance with the following:
    A. All such plats shall be clearly labeled with the title and include the notation "Resubdivision" and shall meet the requirements for final plats, except that the plat may be processed administratively by the planning director and the director of public works.
    B. Sixty (60) days after submission of the plat, either the director of public works or an applicant shall have the right to request that any proposed resubdivision plat be processed by the planning and zoning commission under the final plat provisions of this chapter.
    C. The complete dimensions of all lots and areas involved shall also be shown on the resubdivision plat.
    D. Once approved the resubdivision plat shall be filed in the same manner as a final plat in the land records of Wicomico County by the planning director. (Ord. 1661 (part), 1997)
 

Sections:
    16.32.010 Record plat--Procedures.

Section 16.32.010 Record plat--Procedures.
    A. After approval of the final plat by the Salisbury planning and zoning commission, the final plat shall be submitted to the planning director for recording among the land records off Wicomico County after the signature of the owner, surveyor, county health officer, the planning commission chairman or vice-chairman and director of public works, are certified thereon.
    B. Four black line mylar copies of the plat of a quality that conforms to the state's archival standards, with all certifications noted thereon, shall be provided to the Planning Director for recording. Three copies shall be filed in the Land Records of Wicomico County and one copy filed in the director of public works' office.
    C. The subdivider shall pay to the city all costs of recording said plat and any related legal agreements with the clerk of the circuit court.
    D. One fully executed copy of any legal agreements required for the control of any common use areas or a fully executed copy of any condominium documents shall be provided the director of public works.
    E. A fully executed deed approved by the city solicitor for the conveyance to the city of the beds of all streets and public easements shown on the final plat. (Ord. 1661 (part), 1997)
 

Sections:
    16.36.010 Time limits for preliminary plats and final plats.

Section 16.36.010 Time limits for preliminary plats and final plats.
    A. The approval of the preliminary plat shall become null and void after one year from the date of such approval by the commission unless a final plat based thereon is submitted within that time or an extension of time is applied for by the subdivider and granted by the planning commission.
    B. If a final plat is submitted for only a portion of the area approved on the preliminary plat, the subdivider shall have five years from the date of preliminary plat approval by the commission within which to present a final plat or plats including the entire area as shown on the preliminary plat. All such plats shall be in substantial conformance with the approved preliminary plat, covering that area or areas on the preliminary plat not already recorded.
    C. All final subdivision plats approved by the Salisbury planning and zoning commission as hereinbefore provided must be recorded within three years of the planning and zoning commission's final approval. If the subdivision plat is not recorded within three years from the date of its final approval by the planning commission, it shall become null and void and it must be resubmitted for reconsideration as a preliminary plat.
    D. Extension Requests. All requests for an extension of time for a preliminary plat or final plat shall be made to the planning commission in writing, prior to the expiration of the period prescribed. An extension of time may be granted by the commission, but not exceeding a total of two years unless approval has been delayed by governmental approval. (Ord. 1661 (part), 1997)
 

Sections:
    16.40.010 Uniform planning for roads and streets.
    16.40.020 Functional classification and street width.
    16.40.030 Right-of-way width modifications.
    16.40.040 Future street extensions.
    16.40.050 Additional widths on existing streets.
    16.40.060 Private streets and reserve strips.
    16.40.070 Subdivision and street names.
    16.40.080 Reservations/easements.
    16.40.090 Strip development.
    16.40.100 Design and construction standards.
    16.40.110 Blocks.
    16.40.120 Lot design and arrangements.
    16.40.130 Public use and service areas.
    16.40.140 Suitability of land.
    16.40.150 Waivers.
    16.40.160 Higher standards to apply.

Section 16.40.010 Uniform planning for roads and streets.
    A. The location and width of all streets and roads shall conform to either the applicable portions of the adopted comprehensive plan, or adopted area plans or sector plans.
    B. If a preliminary plat has been approved by the planning commission for all or any part of an area included within the proposed final major or minor subdivision, the streets and utilities therein shall be consistent with such plans.
    C. A preliminary plat shall include a tabular summary of the linear and square footage of new streets proposed and the linear and square footage of streets proposed for street widening and the width of all such widenings.
    D. Relationship to Adjoining Street System. The proposed street systems shall extend existing streets as may be required by the planning commission. All such streets shall be improved at the same or greater width, but in no case less than the required minimum width established by this title for the type of street proposed. (Ord. 1661 (part), 1997)

Section 16.40.020 Functional classification and street width.
    The minimum width of the right-of-way, measured from lot line to lot line, of all proposed streets or roads shall be as shown on the applicable portion of the comprehensive plan, area plans or sector plans, the city's approved functional classification map, or if not shown on such plans; as designated by the planning commission. All such roads shall be consistent with the following standards as recommended by the city director of public works. These standards shall not apply to any state or federal aided street or highway. In the event of conflict the state classification system and standards shall apply.
    For the purposes of this title total roadway acquisitions shall include the pavement width from face of curb to face of curb and any abutting city-required easement for public utilities.
    A. Collector Systems--General Description. Collector streets serve the function of moving traffic from local streets, providing limited access to abutting land and providing for the movement of traffic to arterial highways or important traffic generators. Route continuity should be encouraged. Wherever possible, existing street patterns and major traffic generators should be recognized as integral parts of the system and all proposed roads designed accordingly. Improvements to existing city streets should be made consistent with these functional classification standards.
    Normally, total roadway acquisitions of fifty (50) feet wide are sufficient for providing limited access to abutting properties and moving traffic. Due to the nature of adjoining land uses or the volume of traffic to be served, however, collector streets may be designed to provide service for specialized functions such as commercial, industrial, or high density residential activities. In such cases, the total roadway acquisition may be sixty (60) feet or wider.
    The city's collector network includes two main types of streets; a major collector system and a minor collector system, specifically described as follows:
    1. Major Collector. The purpose of a major collector street is to carry relatively large volumes of primarily local traffic from major development centers in the city to the closest arterial street or local traffic destination. Properly located major collectors can also serve to separate conflicting land uses.
    A major collector shall have a minimum total roadway acquisition of fifty-six (56) feet but could include a right-of-way as wide as sixty (60) feet or more if recommended by the director of public works and approved by the planning commission. The improved portion of the street shall be a minimum of thirty-six (36) feet curb to curb with a ten feet wide easement on either side. Where a median strip is provided or required, both the improvement and total roadway acquisition widths shall be as recommended by the director of public works and approved by the planning commission.
    On-street parking will be discouraged and limited. Sufficient space should be left at the outer edge of the right-of-way for future road widening, installation of drainage ways, sidewalks, or utilities. Lot by lot driveway access would be controlled and limited so as to minimize friction points along the road.
    Streets planned for intensive commercial or industrial areas shall be classified as major collectors with a minimum right-of-way of sixty (60) feet.
    2. Minor Collector. The basic purpose of a minor collector street is to collect traffic from primarily local activity centers in order to provide access to major collector streets. A minor collector could also provide direct access to adjoining land uses.
    a. A minor collector shall have a minimum total roadway acquisition of fifty (50) feet, curb and gutter and be improved to a minimum of thirty (30) feet curb to curb. The remaining twenty (20) feet easements should be used for grass plot, road widenings, sidewalks, utility extensions, or for another special use, if necessary.
    b. A minor collector may include the principal street serving a subdivision. Upon recommendation of the director of public works and approval of the planning commission, a minor collector serving the interior of a subdivision may have a fifty (50) foot total roadway acquisition improved to a minimum of thirty (30) feet from curb to curb, with a ten-foot easement for, sidewalks, utilities or drainage ways, or another special use on each side of the right-of-way.
    C. Local Street System. The most extensive part of the city's highway network consists of its local streets which have the primary purpose of providing direct access to adjoining properties and to provide linkages with minor collector streets.
    The local street pattern should be planned so that through traffic is discouraged. The intent of the local system is to provide immediate access to property and the movement of traffic to a minor or major collector. Therefore, the careful design of local streets should encourage the exclusiveness of residential areas.
    Local streets should have a minimum total roadway acquisition of forty-six (46) feet including a ten- foot easement on each side of the right-of-way for future road widening, sidewalks, utilities or drainage ways. All such streets shall be improved to a minimum of twenty-six (26) feet from curb to curb to be constructed in accordance with city construction standards.
    The following specific types of roads are classified as local streets:
    1. Local residential streets (single family): Forty-six (46) feet total roadway acquisition improved to a minimum of twenty-six (26) feet curb to curb. Minor streets are those which are used primarily for access to the abutting residential properties and are designed to discourage their use by through traffic.
    2. Marginal access streets: forty-six (46) feet total roadway acquisition improved to a minimum of twenty-six (26) feet curb to curb. Marginal access streets are minor streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
    3. Dead-End Streets (Cul-De-Sac Streets). Minor streets or courts designed to have one end permanently closed shall be no more than one thousand two hundred (1,200) feet long unless necessitated by topography or the usual shape of the site with a total roadway acquisition of forty-six (46) feet and improved to a minimum of twenty-six (26) feet curb to curb. They shall be provided at the closed end with a turnaround having an outside roadway radius of at least forty (40) feet and a street right-of-way radius of at least fifty (50) feet. All such turnarounds shall provide a ten-foot easement for sidewalks, utilities or drainage, or another special use. Upon recommendation of the director of public works, an alternative turnaround design may be approved by the planning commission.
    4. Dead-End Streets (Longer Than One Thousand Two Hundred (1,200) Feet). A dead-end street which is longer than one thousand two hundred (1,200) feet shall be considered a minor collector and as such shall be constructed to minor collector standards. All such dead-end streets shall be provided at the closed end with a turnaround having an outside roadway radius of at least forty (40) feet and a street right-of-way radius of at least fifty (50) feet. All such turnarounds shall provide a ten-foot easement for road widening, sidewalks, utilities or drainage, or another special use. Upon recommendation of the director of public works, an alternative turnaround design may be approved by the planning commission.
    5. Loop Streets. A loop street is a public accessway with its entrance point and exit point on the same street or road which is not a part of the loop street. All such loop streets shall be limited to two thousand four hundred (2,400) feet in length with forty-six (46) feet of total roadway acquisition and improved to a minimum of twenty-six (26) feet curb to curb. The entrance point and exit point of any loop street shall be separated by a linear distance of at least one thousand (1,000) feet. If the loop street is the only street providing access to the subdivision, the proposed loop street may be classified as a minor collector and constructed in accordance with the standards for a minor collector. Any loop street proposed which does not meet the design standards as stated shall be as recommended by the director of public works and approved by the planning commission.
    D. Uses Within Total Roadway Acquisitions. The total roadway acquisition width of all streets, as set forth above, shall include, except where specifically not required by this title, the paved portion of the street, the shoulder areas, gutter, and curb areas, future road widenings, utilities, drainage ways and sidewalk areas. The city shall not, under any circumstances, be obligated to construct the curb, gutter or sidewalk at public expense. However, this section shall not prevent the developer or city from placing the sidewalk area in a easement strip outside of the street bed and right-of-way, provided that the street bed is of the minimum width hereinbefore set forth, and provided further that the sidewalk area outside the street bed is properly shown on the plat and is uniform in location the entire length of the street or streets. (Ord. 1661 (part), 1997)

Section 16.40.030 Right-of-way width modifications.
    A. In the cases where topography or other physical conditions make a street of the required minimum right-of-way width impracticable, the planning commission upon the recommendation of the director of public works may modify the above requirements.
    B. In commercial and industrial areas, the street right-of-ways may be increased, upon recommendation of the director of public works, and with the approval of the planning commission, to provide parking without interference of normal passing traffic. (Ord. 1661 (part), 1997)

Section 16.40.040 Future street extensions.
    A. Where, in the opinion of the planning commission, it is desirable to provide for coordinated continuous street access to adjoining property, a proposed street shall be extended by dedication to the boundary of such property.
    B. Where the proposed street extension is not longer than the depth of one proposed lot, the following shall apply:
    1. In order not to give the physical appearance of a corner lot, these street right-of-ways need not be cleared and the streets need not be constructed by the subdivider.
    2. The plat will clearly indicate that these streets shall be for future access to adjoining properties and shall be constructed by the subdivider of the adjoining property at the time of development of that property.
    3. All lots directly abutting any such extensions shall be considered as corner lots.
    4. At no time, shall the city be responsible for the construction of these streets. No such future streets shall be maintained by the city until such time as the streets are constructed by the subdivider and accepted into the city's road system.
    5. In a proposed subdivision which is required to provide future street extensions, the property owner shall enter into an agreement by which a common owner's association will be formed and will be responsible for the maintenance of the area designated as reserved for future street extensions. The agreement shall also provide that if, after notice by the department of public works to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) or owner's association within thirty (30) days and it becomes necessary for the city to maintain or cause to be maintained any such area, the cost of such maintenance shall be borne by the property owner(s) and owner's association and if unpaid, shall become a lien against the property and collected the same as taxes by the city. (Ord. 1661 (part), 1997)

Section 16.40.050 Additional widths on existing streets.
    A. Proposed subdivisions that adjoin existing streets shall dedicate any additional right-of-way necessary to meet the above minimum street width requirements if required by the director of public works.
    B. When the subdivision is located on only one side of an existing street, one-half of the required right-of-way, measured from the center line of the existing roadway, shall be provided.
    C. If the owner of the proposed subdivision also owns the property on the opposite side of the existing street, then the owner shall dedicate all the additional right-of-way necessary to meet minimum street width requirements for the frontage of the lots being subdivided.
    D. In no case shall the resulting right-of-way width be less than that required of the appropriate street or road as classified in this chapter. (Ord. 1661 (part), 1997)

Section 16.40.060 Private streets and reserve strips.
    There shall be no private streets platted in any subdivision unless specifically approved by the city council as a part of a planned residential development. Every subdivided property shall be served from a publicly dedicated street. There shall be no reserved strips controlling access to streets, except where the control of such strips is placed in the owner's association under conditions approved by the planning commission. (Ord. 1661 (part), 1997)

Section 16.40.070 Subdivision and street names.
    Proposed streets which are obviously in alignment with others already existing and named shall bear the names of existing streets. In no case shall the name for proposed streets or subdivisions duplicate, actually or phonetically, existing streets or subdivisions irrespective of the use of the suffix street, avenue, boulevard, driveway, place, lane or court. Through its index list of names on file, the department of public works can assist the subdivider in avoiding duplications. The planning commission shall be responsible for approving the names of all streets and subdivisions as a part of its final plat approval. (Ord. 1661 (part), 1997)

Section 16.40.080 Reservations/easements.
    Any additional area shown as a reservation/easement for future use of the city which is not a part of the dedicated right-of-way shall be shown on the plat and reserved for future use at no cost to the city for road widenings, utility installation, sidewalks, drainage or other such public use which may be determined by the director of public works. All such reservation/easement areas shall be clearly shown with accompanying explanatory notes on the plat and maintained by individual lot owners or the owner's association. (Ord. 1661 (part), 1997)

Section 16.40.090 Strip development.
    In order to protect the safety of the traveling public and the design capacity of the highway system, the development of lots with direct vehicular access to existing roads is discouraged. No subdivision of property with frontage on any existing or future road shall be approved unless consistent with the following:
    A. Application. Every legally established parcel of record in existence as of April 29, 1963 shall be entitled to one subdivision consisting of three lots with frontage on an existing road and providing direct vehicular access to such existing city street consistent with the policies stated herein.
    B. State Highways. Any lot created on any state highway shall have the prior approval of the State Highway Administration. No more than three new lots shall be created on any state arterial or collector highway without prior approval of the District Engineer of the State Highway Administration. All subdivisions over three lots shall be served by an interior road system constructed in accordance with city standards and policies.
    C. Major Collectors. On any city designated major collector no more than three new lots shall be created with lot frontage providing direct vehicular access to any existing or future city street identified as a major collector. All subdivisions of over three lots shall be served by an interior road system constructed in accordance with city standards and policies. Commercial and industrial developments on major collectors may be permitted more than three new lots only upon the recommendation of the director of public works and with the approval of the planning and zoning commission, upon such terms and conditions as may be imposed in accordance with sound planning principles and design.
    D. Minor Collectors. On any city street designated as a minor collector no more than three new lots shall be created with lot frontage providing direct vehicular access to any existing or future city street identified as a minor collector, unless the developer shall pay all costs for or install the road widening required on that portion of the road abutting the lots being subdivided.
    E. Local Streets. These provisions shall not apply to existing local streets except that the developer may be required to improve the road in front of the property being subdivided to the same standards as that which exists for the local street serving the development. (Ord. 1661 (part), 1997)

Section 16.40.100 Design and construction standards.
    The design standards for each street constructed will depend upon the volume of traffic to be served, future land uses and federal, state and city requirements at the time of construction. Except where specifically required below or listed elsewhere in this chapter, the design of all streets shall be subject to the approval of the director of public works and shall be consistent with city street construction standards and policies as found in:
    A. Construction and Material Specifications for Utility and Roadway Construction.
    B. Construction Standards--City of Salisbury. (Ord. 1661 (part), 1997)

Section 16.40.110 Blocks.
    A. Length. Blocks should not be more than one thousand two hundred (1,200) feet in length, except as the developer and the planning commission consider necessary to secure efficient use of land or desired features of street pattern. The planning commission shall not unreasonably or arbitrarily withhold its consent to vary minimum or maximum length, herein set forth, if such change is necessary for the proper development of the land being subdivided. In blocks over seven hundred (700) feet in length, the planning commission may require one or more public crosswalks of not more than six feet in width to extend entirely across the block and at the locations deemed necessary, which crosswalk shall be constructed by the subdivider and maintained by the owners association.
    B. Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where fronting on major streets or prevented by topographical conditions or size of the property, in which case the planning commission may approve a single tier of lots of minimum depth. (Ord. 1661 (part), 1997)

Section 16.40.120 Lot design and arrangements.
    A. Arrangement. Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines. Each lot must front upon a public street or road. All such streets shall have a total roadway acquisition width as required by this chapter.
    B. Minimum size. The size, shape and orientation of lots shall be such as the developer deems appropriate for the type of development and use contemplated subject to the approval of the State Health Officer and the planning commission.
    1. All lots served by private on-site wells or septic system or other private systems shall first be approved by the State Health Officer as to size, lot frontage, and buildability in accordance with standards for such private systems set forth in State Health regulations.
    2. The planning commission shall require, in the case of lots to be served by private on-site sewage disposal systems shown on a preliminary plat, that soil evaluations be made and submitted before taking action on the preliminary plat.
    3. If final percolation tests do not meet the standards provided in state health regulations, such lot shall be deemed an unbuildable lot and shall not be recorded as a buildable lot.
    4. Commercial or industrial properties shall be of such size to adequately provide for all utilities, and facilities, including, but not limited to, parking, setbacks and stormwater management facilities, landscaped areas as required for the types of use and development contemplated.
    5. Community Water and Sewerage Systems. In the event that lots are proposed to be served by community water and sewer systems, all lot sizes shall be those required by Title 17, Zoning, or as authorized by the specific provisions of this title. No final plat approval of such lots shall be scheduled for final review by the planning commission until written approval has been received from the State Health Department and the director of city public works.
    6. In no case shall the size and widths of lots be less than the minimum requirements of Title 17, Zoning, or as specifically authorized by this chapter.
    C. Building Setback Lines. The minimum depth of front building setback lines from the street in residential, commercial and industrial zones shall be provided by Title 17, Zoning, of this code. If a plat of a subdivision provides for a setback line of greater depth than the applicable zoning regulation, then the setback line as shown on the particular plat shall govern and no building permit shall be issued which does not conform to the setback lines shown on the plat.
    D. Corner Lots. Corner lots shall comply with the requirements of Title 17, Zoning, for building setback lines.
    E. Lot Frontages. All lots and all land being subdivided shall have, in fee simple, the minimum frontage directly abutting a public street as follows:
    1. Lots with community water and sewer service and lots served by private, on-site, individual septic systems and individual on-site wells shall have the minimum frontage required by Title 17, Zoning, except where specifically listed below.
    a. Lots on the turnaround of a cul-de-sac street: minimum frontage of twenty-five (25) feet.
    b. Lots on a Curve.
    i. Private on-site sewer and water systems: minimum frontage of seventy (70) feet and no less than State Health regulations.
    ii. Community water and sewer systems: minimum frontage of forty-five (45) feet.
    iii. Lot width shall be determined by extending radial lines from the right-of-way of the street to the minimum front setback line required by Title 17, Zoning. The minimum lot width shall be determined at the minimum setback line as required by the zoning title.
    c. Pipe Stem Lots.
    i. Land should be subdivided in such a manner as to avoid the need for "pipe stem lots." This type of practice should be limited to no more than two (lots) fronting on a public street or road with all land area within the "stem" reserved for existing or future access as determined by the planning commission. Pipe stem areas shall be in fee simple ownership connected to the main buildable portion of the lot. The buildable portion of the lot shall meet the minimum lot size requirements of the zoning district in which it is located. The planning commission shall not approve a plat with more than two pipe stem lots.
    ii. Pipe stem lot: minimum frontage fifty (50) feet.
    iii. All pipe stems shall be reserved as non-building areas and designated for use as access.
    iv. All setbacks shall be shown on the buildable portion of the pipe stem lot with front setbacks measured from the stem or extension thereof, as determined by the planning commission, reserved for access.
    d. Common use areas: minimum frontage of twenty-five (25) feet.
    e. Townhouse lots: minimum frontage of sixteen (16) feet.
    F. Common Use Areas. All areas to be used in common by existing or future residents of a proposed subdivision shall be shown as a separate parcel and labeled. All such areas shall have a frontage on a public street or road as required. The minimum size of all such areas shall be as approved by the planning commission. Restrictions on use and development of the site shall be shown on the plat and the management of the areas shall be clearly stated in a homeowners association document or other legal arrangement as required by Title 17, Zoning, as approved by the city solicitor. (Ord. 1661 (part), 1997)

Section 16.40.130 Public use and service areas.
    Due consideration shall be given to the allocation of areas suitably located and of adequate size for playgrounds and parks for local or neighborhood use as well as public service areas.
    A. Public Open Spaces. Where a school, neighborhood park or recreation area or public access to water frontage shown on an official map or in a plan made and adopted by the planning commission is located in whole or in part in the applicant's subdivision, the planning commission may require the dedication or reservation of such open space within the subdivision up to a total of ten percent of the gross linear footage or water frontage on the plat for park, school or recreation purposes; provided, however, that within three years of the final approval of the plat by the planning commission and the city council shall pay unto the developer or subdivider, the fair value thereof or, if unable to agree upon the fair value thereof, the city council shall file action in the circuit court for Wicomico County, Maryland, to condemn the property. If the above action is not taken within the three-year period, the subdivider may proceed to subdivide the areas served as building lots in conformity with the provisions of this title.
    B. Easement for Utilities. Except where alleys are permitted for utility locations, the planning commission may permit easements, not exceeding forty (40) feet in width, for poles, wires, conduits, storm and sanitary sewers, gas, water and other utility lines, along all rear lot lines or along side lot lines. In the opinion of the director of public works and the planning commission, easements of the same or greater width may be required along the lines of or across lots, where necessary for the extension of existing or planned utilities.
    C. Community Assets. In all subdivisions due regard should be shown for all natural features, such as large trees, watercourses, historical spots and similar community assets, which, if preserved, will add attractiveness and value to the property even though such assets may not be regulated by any local law. (Ord. 1661 (part), 1997)

Section 16.40.140 Suitability of land.
    A. The planning commission shall not approve the subdivision of land if from adequate investigations conducted by the public agencies concerned it is determined that the land is subject to flooding or is topographically unsuitable for residential occupancy or for such other use as may increase danger to health, life or property or aggravate erosion or flood hazard. Such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.
    B. Floodplains may not be encroached upon or filled in a manner which would decrease channel storage or change the floodplain area. Any alterations to any floodplain shall be in accordance with Chapter 15.16 of Title 15, Floodplain Management, of this code and applicable state law governing floodplains. (Ord. 1661 (part), 1997)

Section 16.40.150 Waivers.
    The planning commission may waive the requirements of this chapter and may permit an alternative consistent with the intent of this title, provided that:
    A. Any such waivers or alternatives may only be permitted where strict adherence to the provisions of these standards would cause practical difficulty for an applicant or subdivider;
    B. The commission shall not waive any construction or engineering standard or requirement of the city's Construction and Material Specifications Manual or its Construction Standards Manual;
    C. Such waivers can only be granted where the applicant demonstrates that approving the waiver will not substantially impair the purposes and intent of this title or any other city regulation;
    D. Any waiver or alternative thus granted by the planning commission shall be stated in the records of the commission. (Ord. 1661 (part), 1997)

Section 16.40.160 Higher standards to apply.
    Unless otherwise authorized by this title, no final plat of land within the force and effect of an existing zoning district will be approved unless it conforms with such regulation. Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in the zoning regulations, building code or other adopted regulations of the city, the highest standard shall apply. (Ord. 1661 (part), 1997)
 

Sections:
    16.44.010 Improvements construction plan required.
    16.44.020 Improvements construction plan.
    16.44.030 Scale of improvements construction plan.
    16.44.040 Information required on improvements construction plan.
    16.44.050 Curbs and gutters--Center line grade.
    16.44.060 Changes in grade--Vertical curves.
    16.44.070 Intersections.
    16.44.080 Installation of stormwater drainage facilities.
    16.44.090 Changes in street direction--Tangents.
    16.44.100 Clear sight distances--Intersection of center lines.
    16.44.110 Cross sections of streets.
    16.44.120 Abandonment of dedicated streets.
    16.44.130 Location and placement of monuments.

Section 16.44.010 Improvements construction plan required.
    Whenever improvements are proposed for a subdivision, an improvement construction plan of the subdivision shall be furnished to the director of public works. Such plan shall be accompanied by an estimate of the cost of improvements and specifications and other requirements of the department of public works. (Ord. 1661 (part), 1997)

Section 16.44.020 Improvements construction plan.
    A. An improvements construction plan of the subdivision shall be approved by the director of the department of public works. Such improvements construction plan shall be accompanied by an estimate of quantities and an estimate of costs thereof. No construction of improvements as stated herein shall start before final approval of this plan.
    B. Information required on this plan shall be in accordance with the city's construction standards and construction and materials specifications.
    C. Five copies of the preliminary improvements construction plan shall be submitted to the planning department. Two copies of the plat will be submitted to the department of public works, one copy to the fire chief, one copy to the director, department of building, housing and zoning, and one copy will be retained in the files of the planning commission.
    D. After approval of the plan by the director of public works, one second original of the improvements construction plan with all signatures shall be furnished to the director. All improvements shall be constructed in accordance with this signed plan.
    E. Five copies of the approved improvements construction plan with all signatures shall be furnished to the planning department. Two copies will be submitted to the department of public works, one copy to the fire chief, one copy to the director, department of building, housing and zoning, and one copy will be retained in the files of the planning commission.
    F. After all improvements have been satisfactorily completed one second original of improvements construction plans with words "as built" shown on the plans, shall be furnished to the director of the department of public works. (Ord. 1661 (part), 1997)

Section 16.44.030 Scale of improvements construction plan.
    The improvements construction plan shall be prepared at one of the following scales.

STREETS
    Horizontal                                    Vertical
    1 inch equals 40 feet                    1 inch equals 4 feet
    1 inch equals 50 feet                    1 inch equals 5 feet

UTILITIES
    Horizontal                                    Vertical
    1 inch equals 40 feet                    1 inch equals 10 feet
    1 inch equals 50 feet                    1 inch equals 10 feet
    1 inch equals 100 feet                  1 inch equals 10 feet

(Ord. 1661 (part), 1997)

Section 16.44.040 Information required on improvements construction plan.
    The improvements construction plan shall be prepared consistent with the requirements of the department of public works checklist and shall include:
    A. General requirements:
    1. The subdivision name or identifying title;
    2. The north point, scale and date;
    3. The name and seal of the registered professional engineer or registered professional land surveyor responsible for the plan;
    4. Specifications of all construction consistent with the construction and materials specification and the construction standards of the city department of public works;
    5. Vicinity map.
    B. Street plans:
    1. Center line with bearings, distances, curve data and stations corresponding to the profile;
    2. Right-of-way and curb lines with radii at intersections;
    3. Tie-ins, by courses and distances, to intersections of all public streets and highways, with their names and widths;
    4. Locations of all monuments with reference to them;
    5. Property lines and ownership of abutting properties;
    6. Topography.
    C. Street profiles:
    1. Profile of existing ground surface along center line;
    2. Proposed curb grade with percent of grade on tangent and elevations at one hundred (100) foot intervals, point of vertical intersection and either end of curb radii. When required by the director of public works, the subdivider shall provide preliminary and final cross sections of streets at appropriate intervals and at such width as to permit reasonably accurate calculations of cut and fill to adequately determine earthwork quantities.
    3. Vertical curve data, including length, tangent elevations and corrections, with elevations at twenty (20) foot intervals for vertical curves.
    D. Street cross sections:
    1. Right-of-way width and location and width of paving;
    2. Type, thickness and crown of paving;
    3. Type of size and curb with detail of curb and gutter;
    4. Grading of sidewalk area and any necessary slopes;
    5. Location, width, type and thickness of sidewalks;
    6. Typical location of sewers and utilities with sizes.
    E. Storm and sanitary sewer plans:
    1. Location and size of line;
    2. Locations of manholes or inlets with invert elevations;
    3. Property lines and ownership, with details of easements where required;
    4. Proposed location of laterals, Y's and special structures;
    5. Location of all drainage facilities and public utilities.
    F. Storm and sanitary sewer profiles:
    1. Profile of existing ground surface at center line of street;
    2. Profile of finished grade at center line of proposed street;
    3. Profile of storm drain or sewer showing size of pipe, grade, manholes or inlet locations, elevations of inverts and top elevation at manholes and inlets.
    G. Water main plans:
    1. Location and size;
    2. Details of connections to existing mains;
    3. Location and details of valves, hydrants and special structures where required.
    H. Bridges, Lift Stations, and Other Special Structures. These plans shall contain sufficient information to provide complete working drawings and specifications for the proposed construction.
    I. Proposed domestic refuse containers and bulk refuse storage facilities/enclosures may be required to be shown indicating size and location.
    J. City Datum for Vertical Control. All elevations shown on any drawing shall be referenced to city datum which is Coast and Geodetic Survey Sea Level Datum of 1929, 1966 adjustment. (Ord. 1661 (part), 1997)

Section 16.44.050 Curbs and gutters--Center line grade.
    Streets shall be constructed with a minimum center line grade of three-tenths percent or a maximum center line grade of less than six percent. (Ord. 1661 (part), 1997)

Section 16.44.060 Changes in grade--Vertical curves.
    Change in grade shall be connected by vertical curves no more abrupt than a four-percent change in grade per one hundred (100) feet of roadway. Vertical curves shall not be less than eighty (80) feet in length. (Ord. 1661 (part), 1997)

Section 16.44.070 Intersections.
    A. The minimum radius of curvature of curb returns at street intersections shall be according to the following schedule:
    1. Single-family residential streets: 20
    2. Minor collector streets: 20
    3. Industrial streets: 30
    4. Major collector streets: 30
    5. Arterial streets: 50
    B. Where streets of different categories intersect, the requirements for the more restrictive category shall apply.
    C. The angle of intersection between streets shall not vary by more than fifteen (15) degrees from a right angle. (Ord. 1661 (part), 1997)

Section 16.44.080 Installation of stormwater drainage facilities.
    If streets interfere with natural flow of surface waters, then storm sewers, culverts and related installations shall be provided to carry the flow of natural drainage to a point of discharge that shall flow to an open watercourse in accordance with a stormwater management plan submitted under the provisions of Chapter 13.28 of Title 13, Stormwater Management, of this code or as approved by the director of public works. (Ord. 1661 (part), 1997)

Section 16.44.090 Changes in street direction--Tangents.
    A. Changes in street direction shall be made by horizontal curves with minimum center line radii as follows:
    1. Single-family residential streets: 200 feet
    2. Minor collector streets: 200 feet
    3. Industrial streets: 600 feet
    4. Major collector streets: 600 feet
    5. Arterial streets: 1,100 feet
    B. Except on minor streets, a tangent may be required between curves; however, a long radius curve shall be preferred in all cases to a series of curves and tangents. Tangents of one hundred (100) feet may be required between reverse curves. (Ord. 1661 (part), 1997)

Section 16.44.100 Clear sight distances--Intersection of center lines.
    A. Clear sight distances shall be maintained along the center line of streets as follows:
    1. Single-family residential streets: 200 feet
    2. Minor collector streets: 200 feet
    3. Industrial streets: 600 feet
    4. Major collector streets: 600 feet
    5. Arterial streets: 1,100 feet
    B. The center lines of any two streets entering upon opposite sides of any certain street shall intersect at the center line of that street at the same point or at points separated by not less than one hundred fifty (150) feet. (Ord. 1661 (part), 1997)

Section 16.44.110 Cross sections of streets.
    All streets shall be constructed in accordance with appropriate cross sections as shown in the schedules established by the city department of public works. (Ord. 1661 (part), 1997)

Section 16.44.120 Abandonment of dedicated streets.
    When plats of subdivisions in the city are legally recorded among the land records of Wicomico County, those portions of land designated on the plats as streets, roads and other thoroughfares shall be forever dedicated to public use, provided that nothing herein shall affect the rights of any person owning any interest in the lands to have the right to petition the circuit court of Wicomico County for abandonment of the subdivision of lands so made and reconversion of the same and the abandonment of all or any of the dedications made by the plat, or both. A corrected plat in accordance with this title shall be submitted to and approved by the director of public works. (Ord. 1661 (part), 1997)

Section 16.44.130 Location and placement of monuments.
    In all subdivisions or resubdivisions, monuments shall be placed in the ground by the subdivider at his cost and expense, prior to filing of record plat, at all corners and single points and at all points of angles and curvatures in the outer lines of the subdivided or resubdivided area and of all streets within such areas. In addition and prior to the first transfer by deed after approval of a subdivision or resubdivision of any lot therein, the subdivider, at his cost and expense, shall place monuments in the ground at all corners of such lot not previously monumented. Such monuments shall conform to the Code of Maryland Regulations COMAR 09.13.03. (Ord. 1661 (part), 1997)
 

Sections:
    16.48.010 Required improvements.
    16.48.020 Improvement standards.
    16.48.030 Guarantees in lieu of completed improvements.

Section 16.48.010 Required improvements.
    A developer shall be required to make the following improvements in accordance with the specifications established by the city and by this chapter.
    A. Grading. All grading, including roads and streets shall be accomplished in compliance with the city construction standards as prepared by the department of public works.
    B. Drainage Plan and Maintenance.
    1. The developer, at the time of presenting the improvements construction plan for approval, shall submit an adequate plan for the disposal of all stormwater in the proposed subdivision. An adequate permanent outlet for this stormwater shall be provided or shown to exist. In the preparation of the plan, the engineering staff of the department of public works shall, upon request, assist and advise the developer.
    2. Stormwater management shall be provided in conformance with the city's requirements in Chapter 13.28 of Title 13, Stormwater Management, of this code.
    3. The planning commission may require that the subdivider or developer form and record among the land records of Wicomico County, Maryland the Articles of Incorporation of a homeowners association, clearly assigning responsibility for maintenance of the stormwater drainage and stormwater management systems. In the event that the homeowners association fails to adequately maintain the systems, the city of Salisbury may complete the required maintenance work and assess each owner of each lot equally for the cost, which shall be a lien against each lot in the subdivision. A legally sufficient agreement approved by the city solicitor may be substituted for the Articles of Incorporation for a homeowners association.
    C. Stabilization. Stabilization of all streets within the subdivision shall be accomplished, by the developer, in accordance with city construction standards as prepared by department of public works. The developer shall pay one hundred (100) percent of the cost of this stabilization.
    D. Pavements.
    1. The subdivider shall have the streets or roads in the subdivision paved with bituminous concrete pavement, and shall pay one hundred (100) percent of the cost thereof. All bituminous concrete pavements shall consist of aggregates and asphalt mixed and constructed in accordance with the latest Maryland State Highway specifications including all errata and addenda and placed to the depth, grade and cross-section required in city construction standards and the approved profile. The bituminous concrete batch plant shall be as approved by the Maryland State Highway Administration.
    2. Due to the diversity of development in the planning area ranging from sparsely populated agricultural areas to the densely populated urban areas, required pavement widths will necessarily vary with the character of building development and the amount of traffic encountered. Minimum pavement widths shall be established for typical sections in the city's construction standards.
    E. Curb and Gutter. Curb and gutter in accordance with the city construction standards shall be placed by the developer on both sides of all new streets in all subdivisions. The developer shall pave these streets, in conformance with subsection D of this section, following the placement of curb and gutter and stabilization. When, in the opinion of the director of public works the terrain or the drainage conditions are such as to prohibit the installation of curb and gutter, then side ditches instead of curb and gutter may be allowed with the specific approval of the director of public works. Drainage easements for such side ditches shall be shown in their entirety on the final plat.
    F. Street Name Signs. Appropriate street signs also add sales value to land subdivisions and enable emergency personnel, strangers, delivery concerns and even potential lot buyers to find their way around. Street names shall be installed at all intersections. Street names signs shall comply with standards used by the city. Upon request, the director of public works will aid the subdivider with specifications for the construction, placing and setting of such signs.
    G. Installation of Utilities. After grading is completed and approved and before any base is applied, all of the underground work, stormwater drains, sanitary sewers, water mains, gas mains, electrical wire, telephone wire, C.A.T.V. wires, and all service connections shall be installed completely and approved throughout the length and width of all streets. All driveways for houses to be built by the developer shall be cut and drained.
    H. Water Supply System. When any subdivision is located within the service area of a public water system, water mains shall be installed in such a manner as to serve adequately all lots with connection to the public system. Where lots cannot be economically connected with a public water system, a private well location shall be provided and approved by certificate in writing by the county health officer only with specific approval of the director of public works and shown on the final subdivision plat. The number of service connections will be determined by the director of the city department of public works.
    I. Sanitary Sewers. When any subdivision is located within the service area of a public sewerage system, sanitary sewers shall be installed in such a manner as to serve adequately all lots with connection to a public system. Where lots cannot be economically connected with a public sewerage system, an adequate area shall be provided for the installation of a private sewerage system certified in writing by the county health officer and the city director of public works and shown on the final subdivision plat. The number of service connections will be determined by the director of the city department of public works.
    J. Connection Required Where Feasible. No lot within a subdivision in which the planning commission deems it feasible to connect with a public or community water supply system or public sewerage system shall be transferred of record and/or a building permit issued for construction thereon until the water and sewer mains are made available to the particular lot and operational.
    K. Open Space--Shared Facilities Requirements.
    1. When any proposed subdivision plat includes any common open spaces, common use areas, or shared facilities, the developer and/or owner shall be required to execute a maintenance and preservation agreement binding on all subsequent owners of land in the proposed subdivision satisfactory to the planning commission or the city council and sufficient to assure the maintenance and preservation of the aforesaid areas for the purpose such areas are intended and approved.
    2. All such maintenance and preservation agreements shall specify ownership of the common open space uses or facilities; the method of and responsibility for maintenance of the areas; payment of taxes and insurance; access to the area at reasonable times for inspection by the city or its authorized representatives; and the provision that if, after notice by the city to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) or entity in control of the area within thirty (30) days and it becomes necessary for the city to maintain or cause to be maintained any such area, the cost of such maintenance shall be borne by the property owner(s) or persons or entity in control of said property and if unpaid, shall become a lien against the property and collected the same as taxes by the city. The agreement shall be recorded by the developer and/or owner in the Land Records of Wicomico County.
    3. When any plat provides for or where required by the planning commission, for open spaces, common use buildings, landscaped areas, recreation facilities, parking areas, structures or other improvements for the common use and benefit of occupants of the development, the developer may be required, by the planning commission to guarantee the completion of any such spaces, structures, facilities or other improvements. In order to provide such guarantee, the developer or owner shall deposit surety in the amount of the estimated cost of construction of the improvements. Surety may be in the form of a corporate bond, cash deposit, irrevocable letter of credit, assigned savings account or other security, all or any of which must be acceptable to the city solicitor. Surety shall be returned or released upon satisfactory completion of the project.
    L. Proposed domestic refuse containers and bulk refuse storage facilities/enclosures may be required to be shown indicating size and location. (Ord. 1661 (part), 1997)

Section 16.48.020 Improvement standards.
    The planting of street trees and the installation of sidewalks is considered a duty of the subdivider as well as a good business practice and shall be provided as follows.
    A. Street Trees. Street trees are a protection against excessive heat and glare and enhance the attractiveness and value of abutting property. The planning commission will assist the subdivider in location of trees and species to use under varying conditions. It is recommended that trees be planted inside the property lines where they are less subject to injury, decreasing the chance of motor accidents and enjoying more favorable conditions for growth. If trees are to be planted within a planting strip in the right-of-way, their proposed locations and species to be used must be submitted for the planning commission's approval. If any landscaping, including grass is planted in a planting strip or median of the street, a homeowner's association to maintain this landscaping may be required. In the event that the homeowner's association fails to adequately maintain these areas, the city may complete the required maintenance work and assess each owner of each lot equally for the cost which shall be a lien against each lot in the subdivision. A legally sufficient agreement may be substituted for the homeowner's association.
    B. Sidewalks. For the protection of pedestrians and of children at play, installation of sidewalks by the developer or owners shall be installed if required by the director of public works. If the developer and/or owner desire to construct sidewalks, they shall be located and constructed in accordance with the city construction standards. If the sidewalk is not proposed to be located in accordance with the construction standards, the location shall be approved by the planning commission and shown or noted on the final plat. (Ord. 1661 (part), 1997)

Section 16.48.030 Guarantees in lieu of completed improvements.
    No improvements construction plan shall be approved or building permit issued for construction therein until the public improvements required under the provision of this title have been installed, and approved by the director of public works. The director may accept cash, a security bond, or an irrevocable letter of credit in an amount equal to one hundred (100) percent of the estimated cost of installation of the required improvements, whereby improvements may be made and utilities installed without cost to the city in the event of a default by the subdivider. However, even with such guarantee no occupancy permit shall be issued until all improvements have been completed satisfactorily and approved by the city director of public works. (Ord. 1661 (part), 1997)
 

Sections:
    16.52.010 Appeal to board of zoning appeals.
    16.52.020 Appeal to circuit court.

Section 16.52.010 Appeal to board of zoning appeals.
    A. Any person, officer or department of the city, aggrieved by any final ruling of the planning commission on a preliminary or final plat as to the interpretation or application of the terms or conditions of this title, may appeal in writing to the board of zoning appeals, within fifteen (15) days after such final ruling.
    B. Within ten days after the filing of the written appeal, the party appealing shall file with the board of zoning appeals a statement setting forth, with reasonable particularity, the grounds for the appeal, including the error committed by the commission in taking the final action, the relief sought, and the reasons why the final action appealed from should be reversed or remanded. A copy of the statement shall be served on the commission. Failure to file the statement is grounds for dismissal of the appeal.
    C. The board shall not hear any appeal to the city's construction and material specifications or the construction standards requirements.
    D. The board of zoning appeals shall hold a public hearing on all such appeals.
    E. The board of zoning appeals shall cause a notice of the public hearing to be published in a newspaper of general circulation once a week for two consecutive weeks. The site of all proposed subdivisions involved in any site specific appeal shall be posted.
    F. Upon the hearing of such appeal, on the record, the final decision of the planning and zoning commission shall be presumed by the board of zoning appeals to be proper and to best serve the public interest. The burden of proof shall be upon the appellant, or appellants, to show that the decision or ruling complained of was arbitrary, capricious, discriminatory or unsupported by any substantial evidence.
    G. If the board of zoning appeals finds that the decision of the commission was improper under the provisions of this chapter, it shall have the power to affirm, modify, or reverse in part or in whole any decision or ruling appealed from and remand any case for the entering of a proper order or for further proceedings as the board shall determine.
    H. The decision of the board of zoning appeals shall be set forth in its minutes and a notation of such action placed on the preliminary and final plat or both, together with the date of the board's action and signed by the secretary to the board. (Ord. 1661 (part), 1997)

Section 16.52.020 Appeal to circuit court.
    Any person, officer, department or board of the city aggrieved by the decision of the board of zoning appeals and a party to the proceeding may appeal to the circuit court for Wicomico County, Maryland, provided that the appeal is taken within thirty (30) days after the final decision has been rendered by the board of zoning appeals. (Ord. 1661 (part), 1997)
 

Sections:
    16.56.010 Penalties under state law.
    16.56.020 Implication of final approval.
    16.56.030 Violations and penalties.
    16.56.040 Additional remedies for violations.

Section 16.56.010 Penalties under state law.
    The enforcement of these regulations and penalties for the unapproved recordation or transfer of land is provided by state law in the authority granted by public general laws of the state of Maryland. (Ord. 1661 (part), 1997)

Section 16.56.020 Implication of final approval.
    A. No plat of a subdivision of land into two or more lots, sites or other division of land for the purpose, whether immediate or future, of sale or building development located within the corporate limits of Salisbury shall be recorded in the land records of the county until the plat has received final approval of the planning commission and/or the director of public works, which approval shall be written upon the final plat and record plat.
    B. No public sewer or other municipal utility or improvement shall be constructed in any street or highway until such street or highway is an existing part of the city's system or is fully placed on the applicable portion of the comprehensive plan, and no permit for the erection of any building shall be issued unless a public street or highway giving access to such proposed structure has been constructed and all municipal utilities operational.
    C. Critical Area Program. No subdivision plat of land within the critical area as established by the city of Salisbury Chesapeake Bay Critical Area Program shall be recorded in the land records of Wicomico County until such time as a final Chesapeake Bay Critical Area Compliance Certificate has been issued.
    D. Forest Conservation Act. No subdivision plat shall be recorded until compliance with the requirements of the Forest Conservation Act have been met.
    E. No building permit or zoning authorization shall be issued on any lot or parcel not in compliance with the provisions of this title. (Ord. 1661 (part), 1997)

Section 16.56.030 Violations and penalties.
    Any person violating any provision of this title shall, upon conviction, be deemed guilty of a misdemeanor and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) or by imprisonment for not more than thirty (30) days for each offense, and each day of violation shall constitute a separate offense. (Ord. 1661 (part), 1997)

Section 16.56.040 Additional remedies for violations.
    In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title or any other law or regulation, the city council may, in addition to other remedies herein provided, institute any appropriate action or proceeding in the circuit court either by injunction or otherwise to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; or to seek appropriate action to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; and to prevent any illegal act, conduct, business or use in or about such lot or parcel. (Ord. 1661 (part), 1997)
 

Sections:
    16.60.010 General provisions.
    16.60.020 Amendment procedure.

Section 16.60.010 General provisions.
    The regulations, standards and procedures governing the subdivision and resubdivision of land, as set forth in this title, may from time to time, be amended, supplemented, modified, changed or repealed by the council of the city. (Ord. 1661 (part), 1997)

Section 16.60.020 Amendment procedure.
    A. Planning Commission Review.
    1. All applications for amendments to the subdivision regulations shall be made to the planning director, and any such amendment, supplement, modification, change or repeal shall be referred to the Salisbury planning commission for review and recommendation to the city council.
    2. The planning commission shall cause such investigation and study to be made as it deems necessary to prepare a report containing the commission's recommendation to the city council.
    3. The commission shall hold a public hearing and shall submit its report and recommendation to the city council within six months of receipt of such application.
    4. If the planning commission fails to submit its report and recommendation within six months, any such proposed amendment, supplement, modification, or change may be acted upon by the city council without benefit of such report or recommendation.
    B. Public Hearing by City Council.
    1. No such amendment, supplement, modification, change or repeal shall become effective until after a public hearing is held in relation thereto by the city council, at which parties in interest and citizens shall have an opportunity to be heard.
    2. At least fourteen (14) days notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city.
    3. A complete record of the hearing and the votes or actions on the amendment of all members of city council shall be kept. (Ord. 1661 (part), 1997)

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125 N. Division St.
Salisbury, MD 21801-4940
mchurch@ci.salisbury.md.us