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    (a)    A permit to construct a building or structure in a subdivision may not be issued unless the road giving access to the lot where the building or structure is proposed to be located:

        (1)    has the legal status of a public road or was dedicated to public use;

        (2)    corresponds in its exact location with a road shown on a subdivision plat approved by the Commission or with a master plan of transportation or plat adopted by the Commission; or

        (3)    is on a private right–of–way or easement approved as adequate by the county council in accordance with subsection (b) of this section.

    (b)    By local law, the county council may:

        (1)    adopt standards to assure that a private right–of–way or easement is adequate to provide access to a lot where a building is proposed to be located; and

        (2)    delegate to the executive branch or county planning board the authority to approve a private right–of–way or easement that is adequate under item (1) of this subsection.


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