USA > Maryland > Montgomery County > The history of land subdivision development in Montgomery County, adjacent to the national capital > Part 4
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The Final Subdivision Plat
Section 5. (a) The Final Subdivision Plat shall be clearly and legibly drawn in black India ink upon tracing cloth. The size of the sheets shall be 18 inches by 18 inches for Montgomery County, and 18 inches by 24 inches for Prince George's County, in- cluding a margin of one-half inch outside ruled border lincs. The drawing shall be upon such scale as the Office of the Chief Engineer of the Commission may prescribe as being large enough to show details clearly.
(b) The final subdivision plat shall show:
(1) The street and alley lines, lots, building lines, reser- vations, easements and areas to be dedicated to public use.
(2) Sufficient data to readily determine the location, bear- ing and length of every street line, lot line, block line and boundary line and to reproduce same on the ground.
(3) The length of radii, arcs, tangents and chords with chord bearings and central angles of street curves referenced to a curve table.
(4) A properly executed dedication form, approval form and surveyor's certificate in accordance with forms on file in the office of the Commission.
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(5) Lots numbered in numerical order. In tracts containing more than one block, the blocks shall be lettered in alphabetical order. In case there is a resubdivision of lots in any block, such resubdivided lots shall be numbered numerically beginning with the number following the highest lot number in the block.
(6) Permanent reference monuments shown thus: D , shall be placed as required by the Office of the Chief Engineer. Such permanent reference monuments shall be stone or concrete at least 36 inches in length and six inches square with suitable center point and shall be set flush with the ground and to approved fin- ish grade.
(7) The location of metal monuments 3/4 inch in diameter and 24 inches in length shown thus: o, and located in the ground at all intersections of streets, intersections of streets and alleys with plat boundary lines and at all points on street, alley and boundary lines where there is a change in direction or curva- ture. All monuments shall be properly set in the ground and to approved finish grade before the final plat is approved.
(8) All bearings are to be referred to true meridian as established by the Washington-Suburban Sanitary Commission.
(9) Names and locations of adjoining subdivisions and loca- tion and ownership of subdivided property.
(10) Name of subdividion, which shall be subject to the ap- proval of the Commission, location, north point and scale.
(c) Prior to the approval of the Final Subdivision Plat, the subdivider shall pay to the Commission a planning fee of not less than $25 for engineering services in connection with the investi- gation and approval of same, a charge of $10 for reproductions of the record plat, and a recording fee of $3 for plats in Montgomery County and $5 for plats in Prince George's County.
Dedication Forms and Engineer's Certificate
Section 6. The following are forms for dedication and engineer's certificate:
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Dedication for Individuals
and
We, his wife, owners of the property shown and described hereon, hereby adopt this plan of subdivision, establish the minimum building re- striction lines, and dedicate the streets, alleys, walks and parks to public use, however, excepting from this dedication any lands designated "Two Foot Reservation", such lands to be deemed to be dedicated automatically at such times as street extensions ad- jacent thereto are dedicated in adjoining property.
There are no suits of action, leases, liens, or trusts on the property included in this plan of subdivision, except the following:
and all the lienors and other parties in interest thereto have be- low indicated their assent to this plan of subdivision.
Witnessed:
Date:
LS
LS
We assent to this plan of subdivision
Witnessed:
Date:
LS
LS
(Note: Omit any wording which may not apply. In case the owner is unmarried this fact should be stated. )
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Dedication for Corporations
(Same as foregoing form for individual except as indicated below)
We, (insert name of corporation) , a (name of state) corpora- tion, by (insert name) , President and (insert name) , Secretary, owners of the property, etc., etc.
Date:
Name of Corporation
By
Pres.
Attest:
Secy.
Engineer's Certificate
I hereby certify that the plan shown hereon is correct; that it is a subdivision of (part of or all of) the lands conveyed by ( insert name of former owner) to (insert name of present owner) by deed dated , and recorded in the Land Records of
,
in Liber
at Folio ;
and that stones marked thus: o , and iron pipe marked thus: o, have been placed as indicated to the approved finish grade.
Signature
Date:
(Surveyor or Engineer)
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Street Profiles, Grade Establishment
Section 7. (a) Wherever Street Profiles are required by the Commission in connection with the filing of a subdivision plat, a preliminary study of street grades shall be filed with the Commis- sion when the Preliminary Subdivision Plat for the same area is presented for approval. The Preliminary Street Profiles shall show existing center line and property line grades and proposed center line grado, grade per cont, location and length of vertical curves and elevations of street intersections. All elevations shall be based on W. S. S. D. datum.
(b) Upon tentative approval of the Preliminary Street Pro- files, with or without amendment, the Final Street Profiles shall be prepared. The Final Street Profiles shall be drawn with India ink with the exception of the proposed center line grade and nota- tions thereon which must be in pencil.
(c) In case the pencilled grades are satisfactory to the Commission, the Street Profiles will be returned to the subdivider or his engineer to make any changes required and ink the pencil lines and notations.
Note: The establishment of street grades is an important and inseparable part of every subdivision develop- ment project. It is most important that a study of grades, surface drainage and quantity and disposal of earth excavation be made at the time the subdivi- sion design is being formulated. In case steep street grades, imperfect drainage or excessive ex- cavation are shown by the street profiles it would indicate that a revision should be made of the street layout. The street grade should be estab- lished before the street is graded or paved, side- walks built or water, sewer or gas mains laid. As the pavement elevation has an important bearing on floor grades and private drive entrances it is also important that the street grade be established in advance of any building construction.
The final street profile plans should conform as to size, form and information with specimen plans on display in the engineering office of the Commission.
Residential Subdivisions - Special Requirements.
Section 8. (a) Every plat for the subdivision of any lot, tract, or parcel of land that is a part of an existing subdivision previously recorded in a plat book in the County land records,
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shall be subject to the requirements of this section, in addition to the other requirements of these Regulations.
(b) Lots covered by any such plat shall be of substantially the same character as to suitability for residential use, area, street frontage, alignment to streets and restrictions, as other land within the existing subdivision, and particularly with refer- ance to similarly situated lots in the locality.
(c) Upon motion of the Commission or upon petition of any citizens organization or neighboring property owners, the Commis- sion shall, prior to acting upon the preliminary subdivision plan for any such subdivision, hold a hearing thereon at such time and place and upon such notice as the Commission may designate. All interested parties shall be entitled to appear at any such hearing.
Building Permits
Section 9. No building permit shall be issued for the con- struction of a dwelling or other structure unless said structure is to be located on a lot or parcel of land having direct frontage on a dedicated public street.
Street Improvements
Section 10. No final grading, sidewalk or pavement construc- tion or the installation of utilities shall be permitted in the bed of any proposed street in any subdivision until the street grade has been officially established and the plat of same ap- proved by the Commission in final form and placed on record.
Restrictions and Covenants
Section 11. (a) No final subdivision plat shall te approved until a copy of all restrictions and covenants proposed for the land within the subdivision has been filed with the Commission and such restrictions and covenants have been found by it to be ade- quate for the protection of public health, safety, morals, and welfare, and the Commission has received adequate assurance that such restrictions and covenants, and no others, will be included in all sale contracts or deeds to the land within the subdivision.
(b) Restrictions and covenants should be so written that they may be amended to meet changed conditions after approval by a majority of the front foot ownership within the portion of the subdivision affected.
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APPENDIX 2
ZONING ORDINANCE
MARYLAND WASHINGTON METROPOLITAN DISTRICT
IN MONTGOMERY COUNTY
-- 00000 --
An Ordinance to repeal and reenact with amendments ordi- nance 1, entitled "An Ordinance to limit, regulate, and restrict the location of buildings and other structures and of premises to be used for trade, industry, residence, or other specified uses within that portion of the Maryland-Washington Metropolitan Dis- trict in Montgomery County; to divide the said portion of the said District into zones, and to impose in each of said zones regula- tions designating the kinds of classes of trades, industries, residence or other purposes for which buildings or other struc- tures or premises may be permitted to be erected, altered, or used; and within the said portion of the said District to regulate the height, bulk, and location of buildings and other structures and the areas of yards and open spaces."
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONTGOMERY COUNTY, SITTING AS A DISTRICT COUNCIL FOR THAT
PORTION OF THE MARYLAND-WASHINGTON METROPOLITAN DISTRICT IN MONTGOMERY COUNTY :
That for the protection of the health, morals, safety, or welfare of the inhabitants of that portion of the Maryland Washing- ton Metropolitan District within Montgomery County; and pursuant to the provisions of Chapter 448 of the Laws of Maryland in 1927, as amended, the Board of County Commissioners of Montgomery County hereby repeals Ordinance No. 1, enacted March 6, 1928, and reenacts the said Ordinance with amendments to read as follows:
SECTION I - DEFINITIONS
Words used in the present tense include the future; words in the singular number include the plural number; the word "lot" in- cludes the word "plot"; the word "building" includes the word "structure"; the word "shall" is mandatory and not directory.
For the purpose of this ordinance certain terms and words are herewith defined as follows:
1. Accessory Building: A subordinate building except struc- tures used exclusively for farm operation, located in and occupying not more than 35 per cent of a rear yard and whose use is inci- dental to that of the main building, and which does not exceed 15 feet in height above the ground level.
2. Advertising Structure: Any sign, billboard or other oh- ject or structure serving primarily for advertising purposes.
3. Alley: A public way designated as an alley on the record plat or dedicated as such by deed.
4. Apartment House: Building used for the residential hous- ing of more than two families.
5. Building: A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels.
6. Building Line: A line beyond which the front foundation wall of a building shall not project.
7. Commission: Maryland-National Capital Park and Planning Commission.
8. Court: An open, unoccupied space on the same lot with a building, opening upon a street, alley, yard or set-back.
9. Curb Level: The mean level of the established curb in front of the building.
10. Depth of Lot: The mean horizontal distance between the front lot line and the rear lot line.
11. District: Thet portion of the County designated as the Maryland-Washington Metropolitan District.
12. Dwelling, Single: A building constructed for occupancy by a single family.
13. Dwelling, Two Family: A building arranged and built to accomodate two families, as separate housekeeping units.
14. Family: Any number of individuals living and cooking to- gether on the premises as a single housekeeping unit.
15. Garage, Private: A garage for storage only with capacity for not more than three steam or motor driven vehicles, only one of which may be a commercial vehicle.
16. Garage, Public: Any building or premises used for housing or care of more than three steam or motor driven vehicles, or more than one commercial vehicle, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
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17. Height of Building: The vertical distance measured from the curh level to the elevation of the highest point of the building
18. Home Occupation: An occupation in connection with which there is used no display, (other than signs otherwise herein pro- vided for) , that will indicate from the exterior that the building is being utilized in whole or part for any purposes other than that of a dwelling; in connection with which there is kept no stock in trade nor commodity sold upon the premises, no person employed other than a member of the immediate family residing in the premises. and no mechanical equipment used except such as is permissible for purely domestic or household purposes.
19. Hotel: A building containing ten or more sleeping rooms, occupied as a more or less temporary abiding place of individuals who are lodged with or without meals, in which the rooms are offered either singly or ensuite for hire and in which no provision is made in any room or suite for cooking, and in which is maintained a pub- lic dining room and a general kitchen.
20. Lot: Land occupied or to be occupied by a building and its accessory buildings and including such open spaces as are re- quired under this ordinance, and having its frontage upon a public street.
21. Lot, Corner: A lot fronting on two or more streets inter- secting at an angle of not more than one hundred thirty-five (135) degrees.
22. Lot, Interior: A lot with frontage on but one street. 23. Lot, Through: A parcel extending through a block from one street to another.
24. Lot Lines: Lines hounding a lot.
25. Non-Conforming Use: A building or premises occupied and used for a purpose other than the use authorized by the regulations in the zones in which it is located.
26. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it then the space between such floor and the ceiling above it, provided that a cellar shall not be considered a story.
27. Street: A public thoroughfare 30 feet or more in width.
28. Structural Alterations: Any change in the supporting mem- bers of a building, such as bearing walls, columns, beams or girders excepting such alterations as may be required for the safety of the building.
29. Yard, Rear: The area between the rear line of a building, other than of a building for accessory use, and the rear lot line.
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30. Yard, Side: An open, unoccupied space on the same lot wit] the building, between the building and the side lot lines and ex- tending from the street line to the rear yard.
31. Zone: An area within the District for which the regula- tions governing the use of buildings and premises are identical.
SECTION II - DISTRICT REGULATIONS
For the purpose of this ordinance the District is hereby di- vided into five zones as follows:
"A" Residence Zone "B" Residence Zone
"C" Residence Zone "D" Commercial Zone "E" Industrial Zone
The boundaries of said zones when established shall be as shown upon the map attached hereto, and made a part of this ordinance, designated as "Zoning Map" and said map and all notations, refer- ences and other data shown thereon is by this reference made a part hereof to the same extent as if the information set forth on said map were fully described and incorporated herein.
SECTION III - "A" RESIDENCE ZONE
A. Use Regulations: Unless hereinafter provided, no building or premises shall be used and no building or structure shall be hereafter erected, altered, or repaired except for one or more of the following uses:
+ 1. Aviation Field
2. Bus Passenger Station
+
3. Cemetery
+ 4. Children's Home
5. Church, Convent or Monastery
+ 6. Club, private
7. Dwelling, single
8. Farm and buildings incidental thereto
+ 9. Foundling Home
10. Fraternity or Sorority House
11. +
Golf Course, Miniature of any description or by whatsoever name called
12. Gravel Pit
13. Greenhouse
+ 14.
Hospital
15. Nursery, horticultural
+ 16. Orphanage
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17. Public Park or Playground
18. Public Building
19. Public Water Works or Reservoir
Railway Passenger Station
+ 20. Riding Academy
+ 21. Rock Quarry
+ 22.
+ 23.
Sanitarium
+ 24.
School, private
25. Sign, advertising sale or lease of property upon which it stands or products produced thereon not exceeding six (6) square feet in area.
26. Stable, private
+ 27. Tourist Camp
28. Truck Garden
29. Accessory buildings and uses incident te
any of the above uses when located on the same lot and not involving the conduct of a retail business, except as provided in paragraph d, of this section, and including:
a. One private garage when located not less than (60) sixty feet from the front lot line, not less than thirty (30) feet from the side street in the case of a corner lot except when built as a part of the main building, provided, however, that any accessory building, and any detached garage, which is erected within sixty (60) feet of any side street line, shall be distant not less than ten (10) feet from the party lot line intersecting such side street line.
b. Home occupations, provided that no sign or signs shall be displayed on the premises so used exceeding a total of three square feet in area.
c. Professional office when situated in the building used by practitioner as his or her private dwelling, provided that no name plate shall be displayed exceeding one square foot in area and con- taining the name and occupation of the residents of the premises.
d. Sale on the premises of farm products produced thereon.
+ PROVIDED HOWEVER, That before any building or premises within the said "A" Residence Zone shall be used or any building or structure shall be hereafter erected, altered or repaired for any of the uses numbered 1, 3, 4, 6, 9, 11, 14, 16, 20, 21, 22, 23, 24 and 27 in the foregoing portion of this Section III, A, the assent of the District Council to such proposed use shall first be ob- tained. Such assent shall be given by the passage of an ordinance. . A permit for not more than a six month period for the erec- tion and maintenance of a larger sign for real estate sales pur- poses or for a temporary structure may be issued with approval of the Commission.
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B. Height Regulations: No building shall exceed a height of forty (40) feet or three (3) stories, except as provided in Section VIII, 1 and 2.
C. Area Regulations: The minimum dimensions of yards and the minimum lot area per family, except as provided in Section VIII shall be as follows:
1. Lot area per family: Each dwelling hereafter erected in this zone shall occupy a lot with a minimum area of five thou- sand (5,000) square feet and a minimum width of fifty (50) feet at the front building line, except as provided in Section VIII, 3. No lot area shall be so reduced or diminished that the yards or open spaces shall be smaller than prescribed by this ordinance.
2. Front Building Line: The building line shall set back from the front lot line not less than twenty-five (25) feet, pro- vided that when the majority of buildings built on one side of a street between two intersecting streets have been built with a different minimum setback no building hereafter erected or altered shall project beyond the minimum setback line so established; pro- vided further that no dwelling shall be required by this ordinance to set back more than forty (40) feet in any case, and provided further that this regulation shall not be so construed as to re- duce to less than 24 feet the buildable width of a corner lot.
3. Side Yard: There shall be a side yard of not less than seven (7) feet in width on each side of a main building ex- cept as provided in Section VIII, 3, 4, 7 and 8.
4. Rear Yard: There shall be a rear yard, having a mini- mum depth of twenty (20) feet.
5. No dwelling shall be built on a lot or plot which does not front directly on a public street, road or highway.
SECTION IV - "B" RESIDENCE ZONE
A. Use Regulations: Unless hereinafter provided, no building or premises shall be used and no building shall be hereafter erec- ted, altered, or repaired, except for one or more of the following uses :
1. Any use permitted in the "A" Residence Zone, and sub- ject to the same proviso in each case as set forth in Section III, A of this ordinance.
2. Two-Family dwellings.
B. Height Regulations: Same as for "A" Residence Zone, Sec- tion III, B.
c. Area Regulations: Same as for "A" Residence Zone, Sec- tion III, C, except that in the case of two-family dwellings the minimum lot area per family shall be two thousand five hundred (2,500) square feet, with side yards eight (8) feet or more in width.
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SECTION V - "C" RESIDENCE ZONE
A. Use Regulations: Unless hereinafter provided no building or premises shall be used and no building shall be hereafter erected or altered, except for one or more of the following uses:
1. Any use permitted in the "B" Residence Zone, and sub- ject to the same proviso in each case as set forth in Section III, A of this ordinance.
2. Apartments and flats.
3. Public garages for storage purposes only, and where no repair facilities are maintained. When located not less than sixty (60) feet from the street line, thirty (30) feet from the side street line in the case of a corner lot; provided however, when built beneath the main building such setback requirement shall not apply; and provided further, that any accessory building and any detached garage, which is erected within sixty (60) feet of any side street line, shall be distant not less than ten (10) feet from the party lot line intersecting such side street line.
B. Height Regulations: Building height unlimited except for requirements of Area Regulations of this section.
C. Area Regulations: The minimum dimensions of yards and the minimum lot area per family, except as provided in Section VIII, shall be as follows:
1. Lot area per family: Same as for "B" Residence Zone, Section IV, C, except that in the case of apartments and flats the minimum, gross lot area per family shall be six hundred twenty-five (625) square feet.
2. Front Building Line: Same as for "A" Residence Zone, Section III, C 2, except that the minimum front yard depth of twenty-five (25) feet shall be increased by three (3) inches for each foot of building height over forty (40) feet.
3. Side Yard: Same as for "B" Residence Zone, Section IV, C, except in the case of apartments and flats the minimum side yard of eight (8) feet shall be increased by four (4) inches for each foot of building height over forty (40) feet.
4. Rear Yard: There shall be a rear yard having a mini- mum depth of twenty (20) feet measured from the rear lot line, such depth to be increased by three (3) inches for each foot of building height over forty (40) feet.
5. Courts: The minimum court width of eight (8) feet shall be increased by three (3) inches for each foot of building height over forty (40) feet.
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SECTION V - "C" RESIDENCE ZONE
A. Use Regulations: Unless hereinafter provided no building or premises shall be used and no building shall be hereafter erected or altered, except for one or more of the following uses:
1. Any use permitted in the "B" Residence Zone, and sub- ject to the same proviso in each case as set forth in Section III, A of this ordinance.
2. Apartments and flats.
3. Public garages for storage purposes only, and where no repair facilities are maintained. When located not less than sixty (60) feet from the street line, thirty (30) feet from the side street line in the case of a corner lot; provided however, when built beneath the main building such setback requirement shall not apply; and provided further, that any accessory building and any detached garage, which is erected within sixty (60) feet of any side street line, shall be distant not less than ten (10) feet from the party lot line intersecting such side street line.
B. Height Regulations: Building height unlimited except for requirements of Area Regulations of this section.
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