Zoning Ordinance, Calvert County, MD LAY-OUT AND DESIGN OF SINGLE-FAMILY RESIDENTIAL COMMUNITIES

Single-family detached residential communities outside Town Centers shall be designed to fit into the existing rural landscape in a manner that will retain the land's capacity to grow crops, produce timber, provide wildlife habitat, prevent soil erosion, provide recreational open space, contribute to maintaining clean water and air and preserve rural character. These features not only contribute to the health and welfare of County residents but also contribute to the economic base by providing jobs and revenues in resource-related and tourism-related enterprises. New buildings and roads shall be designed to enhance rather than to replace these important existing features. Site disturbance shall be held to a minimum.

Procedure

All of the requirements listed in Article 7, Subdivision Regulations, shall be met. Where there is a discrepancy between minimum standards or dimensions noted herein and other official regulations, the highest standard shall apply.

Applicability

All single-family detached subdivisions outside Town Centers shall be clustered except as provided in paragraph '2.c' and paragraph '3' of this Section.

All subdivisions (clustered and non-clustered) are subject to paragraph 'D' of this Section and subdivisions that are to be clustered are also subject to the provisions in Section 'E' entitled "Site Design in Clustered Subdivisions". The percentage of land to be clustered shall be based on the zoning of the property, as follows:

In the Farm and Forest District, clustering building lots and roads onto no more than 20 percent of the site is required.

In the Rural Community District, clustering building lots and roads onto no more than 50 percent of the site is required.

In the one-mile radius of the Town Centers and in the Residential District, clustering is optional. However, if lots and roads are clustered, they shall be clustered onto no more than 70 percent of the property and all of the requirements in paragraph 'E' of this Section shall be met.

Exemptions. Clustering is not required in the following instances:

Agricultural Preservation Districts (APDs), from which transferable development rights have been sold, are exempt from clustering.

Within designated Conservation Districts and the Critical Areas, the provisions in Section 8-2 (Natural Resources Protection Areas) and 8-1 (Critical Area) supersede this Section.

Subdivisions that are to be limited to no more than five lots are exempt from clustering provided that a note is recorded on the plat stating that no further subdivision of the entire subject tract is permitted.

In cases where all proposed lots are a minimum of 20 acres, clustering is not required, provided that a note is recorded on the plat stating that no further subdivision of such lots is permitted.

Site Design in all subdivisions (clustered and non-clustered)

Lots and roads shall be located in areas where they will contribute toward preserving and maintaining existing farm structures and historic structures, as well as the scenic and rural character of the County.

In addition to the requirements for subdivisions in Article 7 and Article 8, the following requirements shall apply:

Minimum road frontage: 25 feet

All lots must have at least 25 feet of frontage onto a public or private right-of-way, except for adjacent flag lots where the minimum road frontage for each lot may be reduced to 12.5 feet as provided in Sub-Section 'b'.

Width of fee simple strips of flag lots: 25 feet

The fee simple strip of a flag lot shall be at least 25 feet wide over its entire length, that is — from the lot proper to its frontage onto the right-of-way, except where the fee simple strips of two flag lots lie adjacent to each other in which case each fee simple strip may be as narrow as 12.5 feet wide, provided the two flag lots share and maintain a common access driveway. A note shall be placed on the subdivision plat stating that such driveways shall not be petitionable into the County road system or eligible for County maintenance.

The fee simple strips of no more than two flag lots shall lie adjacent to each other.

Use of a private lane to serve three to seven lots:

A private lane may be provided to serve three to seven lots, provided it meets the standards on plate RD-1B of the Calvert County Construction Standards for Roads, Streets and Incidental Structures as amended from time to time and in effect.

[Amended 8-5-2015 by Ord. No. 31-15]

To ensure adequate fire and safety protection, all buildings shall be accessible to rescue vehicles and fire trucks.

Protection of Farm Structures and Historic Structures (See also incentives in the Calvert County Code, Chapter 3, Adequate Public Facilities Requirements, as amended from time to time)

[Amended 11-30-2022 by Ord. No. 49-22]

a*.

In the event existing farm structures (such as barns, outbuildings and fences) are located on the site, they shall be retained and included together with cropland, pasture and/or meadow as part of one or several farm lots.

In the event any building on the site is 50 years old or older, the Historic District Commission shall be notified to determine whether the building has historic merit.

c*.

In the event the Historic District Commission determines that the building has historic merit, the building shall be retained on site and incorporated into the site where feasible, and views of the building from roads, adjacent properties and proposed building sites shall be protected.

The Planning Commission may require screening between existing farm and/or historic structures and new houses.

Protection of Rural Character and Scenic Vistas

[Amended 8-28-2007]

Buildings and roads shall be located in a manner that will maintain and enhance a visually attractive rural landscape.

b*.

Front Roadway Buffer

Building sites shall be designed to afford the least visibility of the development from existing public roads. A front roadway buffer shall be provided along all public roads in the Farm and Forest District, Rural Community, and Residential Zoning Districts except along those roads that are internal to the subdivision. The front roadway buffer shall meet one or more of the following requirements. Buffering along Rt. 4 and Rt. 2/4 shall be increased as indicated.

If a naturally vegetated buffer exists, it shall be maintained at a minimum of 100 feet in width from the right-of-way line to the closest lot line (200 feet in width from Rt. 4 and Rt. 2/4) into the parcel, or

ii.

In instances where only part of a naturally vegetated buffer exists, the existing buffer shall be enhanced to a 100-foot wide buffer with additional plantings as approved by the Planning Commission or its designee, or

iii.

If a naturally vegetated buffer does not exist, the applicant shall plant a 100-foot wide vegetated buffer (200 feet wide vegetated buffer adjacent to Rt. 4 and Rt. 2/4) with plantings as approved by the Planning Commission or its designee.

iv.

No plantings are required if a minimum depth of 200 feet of open space is provided from the edge of the road right-of-way to the closest lot line (300 feet from Rt. 4 and Rt. 2/4). Houses adjoining the open space shall be arranged so that the rears of the houses are not visible from the road.

Exceptions:

(a)

The Planning Commission or its designee may reduce or waive the front roadway buffer for lots containing existing houses.

(b)

The front roadway buffer shall not be required in Residential zoned areas of the following roads:

Boyds Turn Road

Calvert Beach Road

Cove Point Road

Dowell Road

Fifth Street in the North Beach area

Holland Cliff Road

Little Cove Point Road

Long Beach Road

Olivet Road

Planters Wharf Road

Rousby Hall Road

Western Shores Boulevard

White Sands Drive

(c)

The front roadway buffer shall not be required on property that is designated as an Agricultural Preservation District (APD).

Fences & Buffers Adjacent to Farms & Agricultural Preservation Districts (APDs)

Fencing such as cattle fencing and chain link fencing may be required by the Planning Commission or its designee along the common boundary between subdivisions and farms or Agricultural Preservation Districts to protect farming operations from intruders (i.e., dogs and off-road vehicles) that can cause damage to crops and farm machinery.

Additionally, the Planning Commission or its designee may require a buffer measuring between 50 feet and 200 feet in width along the common boundary between subdivisions and farms or APDs. This requirement shall not apply to properties that are not eligible to create more than seven lots or to owners who voluntarily restrict the number of lots to no more than seven in perpetuity.

[Amended 8-5-2015 by Ord. No. 31-15]

On-Site Roads

Exceptions to the Calvert County Road Ordinance (Chapter 104 of the Code of Calvert County) may be approved by the County Engineer for the purpose of maintaining and/or creating a traditional rural community design, provided that the proposed exceptions are consistent with the Manual on Uniform Traffic Control Devices (MUTCD) and current American Association of State Highway and Transportation Officials standards (ASHTO).

Community Design

a*.

Buildings and roads shall be designed to promote a sense of community within the subdivision by creating a centralized community focal point such as a village green or community park, by providing on-site trails and walkways and by relating buildings to each other and to the designated open space within a coherent arrangement of buildings, open space and roads.

At minimum, buildings shall be arranged to avoid facing the front of a house onto the back of another house.

Trails, walks, and sidewalks shall be located outside the County right-of-way except where they must cross the right-of-way. Maintenance of trails, walks, and sidewalks shall be the responsibility of property owners.

Provision of Open Space for Community Use and Recreational Areas

All of the provisions in Section 7-1.06.P of this Ordinance shall be met.

In the event the parcel includes areas which have been identified in an officially adopted plan as part or all of a potential trail, greenway or park, these areas shall be included as part of the designated open space. Ownership and management of the open space shall be negotiated between the applicant and the County or a County designee on a case-by-case basis.

Site Design in Clustered Subdivisions

In addition to meeting the requirements in Section 5-2.01.A-D above, lots and roads in clustered subdivisions shall be located in areas where they will have the least effect on forests, sensitive areas and cropland.

The Planning Commission may modify those provisions designated with an asterisk (*) to the minimum extent needed to resolve conflicts between individual provisions of this Ordinance or to address unique site constraints. *At least 50 percent of the open space required by paragraphs '1' through '4' of this Section shall be platted as one large, contiguous block of land which shall be a minimum of 600 feet in width.

Protection of Forested Areas and Wildlife Habitat

All of the provisions in the Calvert County Forest Conservation Program shall be met.

b*.

Buildings and roads shall be located at forest edges or clustered in a manner that will maximize the amount of forest interior dwelling bird habitat and contiguous forested area left intact. The portion of the existing forested area that is to be retained should be determined with reference to the location of forested land on adjacent properties so as to maintain contiguity where feasible.

[Amended 5-4-2010]

c*.

Long roads and driveways (more than 400 feet) shall be avoided, especially if they extend into wetland areas or Forest Interior Dwelling Bird Habitat areas.

Protection of Sensitive Areas

[Amended 5-4-2010]

All of the provisions in the Calvert County Zoning Ordinance and Subdivision regulations governing protection of wetlands, floodplains, steep slopes, and perennial and intermittent streams shall be met.

b*.

Road and driveway crossings through wetlands, floodplains, steep slopes, and perennial and intermittent streams shall be avoided.

Protection of Existing Cropland, Pasture and Meadow

a*.

Buildings and roads shall be located in a manner that will retain existing cropland, pasture and meadow and avoid dividing existing cropland.

b*.

If the existing cropland, pasture or meadow has Class I, Class II and/or Class III soils (as defined by the Soil Survey Of Calvert County, Maryland, prepared by the U.S. Dept. of Agriculture Soil Conservation Service), the buildable area may include up to 20 percent of the total area of cropland, pasture and meadow existing prior to subdivision. The portion of the open land that is retained should be determined with reference to the location of cropland on adjacent properties so as to maintain contiguity where feasible.

c*.

If the cropland, meadow or pasture does not have Class I, Class II and/or Class III soils, up to 100 percent of the area may be converted to buildable area, provided all of the other conditions in this Ordinance are met.

Provision of Open Space for Community Use and Recreational Areas

Designation, Preservation and Ownership of Open Space

Open space shall be protected by legal arrangements which are adequate to assure the preservation and continued maintenance of the open space for its intended purposes in perpetuity. Covenants or other legal arrangements shall specify ownership of the open space. The legal arrangements shall also include any other matters deemed necessary to carry out the purposes of the development.

Designation of Open Space

To qualify as part of the required 30 percent, 50 percent, or 80 percent open space, land shall be capable of meeting the criteria of one or several of the following categories and shall be labeled as such on the preliminary plat. Land that does not fit within any of these categories shall be included in the buildable area.

Land that is designated as open space within any of these categories may be retained as part of an undivided open space parcel, or may be subdivided as individual open space parcels, provided that each parcel is capable of meeting one or several of the criteria listed below and is at least 20 acres in size. In no case may designated open space, whether held as a single parcel or subdivided into several parcels, be eligible for future development.

Farm Reserve - land that has been cleared for use as cropland, pasture or meadow and which shows up as cleared area on the most recent aerial photography and which is of adequate size and configuration to continue to function as cropland, pasture or meadow.

ii.

Woodland Reserve - the portion of a pre-existing and/or afforested forest that is to remain contiguous and undisturbed by roads, buildings, and lawns and which is of sufficient acreage to allow for timber production or wildlife management.

iii.

Conservation open space - wetlands, floodplains, steep slopes, streams and their buffers.

iv.

Community Recreation open space - recreational open space as required in Section 7-1.06.P.

Public Access Open Space:

Land that is to be deeded to a government agency or non-profit land trust which agrees to provide public access to any dedicated open space it owns or manages for the purpose of providing space for parks, playgrounds, green spaces or other recreational purposes and/or for the protection of sensitive areas.

vi.

Forest buffer open space - land that meets the criteria for buffer areas listed in Section 5-2.01.D.5.b.

Preservation of Open Space

Conservation Easements for the Retention of Open Space

(a)

Concurrent with the recording of a subdivision, a conservation easement on any land designated as public or private open space under the provisions of this Section of the Calvert County Zoning Ordinance shall be deeded to the County or a County-approved designee to further ensure that the designated open space will remain undeveloped in perpetuity.

(b)

The conservation easement shall be solely for the purpose of ensuring that the land remains undeveloped and shall not, in any way, imply the right of access onto the property or any other right or obligation not expressly defined under the terms of the easement.

ii.

Deed Covenants and Owner's Certificate

Covenants in the deeds of all property owners (including owners of lots and owners of open space) and an owner's certificate on the recorded plat shall state that the open space shall not be used as building sites for residential, commercial, or industrial development. Structures accessory to on-site farming, forestry and subdivision recreation purposes are permitted. Within Farm Communities, covenants in the deeds of all property owners and a note on all subdivision plats shall also state that farming practices that may conflict with residential use activities will be occurring on adjacent lands and are permitted by right.

Ownership of Open Space

The owner of record at the time of subdivision shall have the option of retaining title or conveying, at his/her discretion, any and all parcels of open space created through the subdivision process.

ii.

Any parcel of open space which is not retained by the owner of record at time of subdivision or acquired by the County for the purpose of providing trails, parks, playgrounds, green spaces or other recreational amenities may be sold or otherwise conveyed to an individual, organization or governmental entity.

iii.

Any individual, organization or governmental entity which holds title to any parcel of open space may elect to grant community or public access to that parcel or may elect to convert that parcel into any one of the various categories of open space for which it qualifies.

iv.

The disposition of open space parcels shall be determined prior to final plat. If any portion or portions of the open space are to be held by a Homeowners' Association, it shall be governed by covenants addressing the method of maintenance, maintenance fee and insurance arrangements, mandatory membership and assessment requirements, sales disclosure (public offering statement), improvement of common property, timing of conveyance of common property, timing of governance transition to the Homeowners, and maximum assessments.

Exception to Open Space Requirements:

In the event the applicant is not proposing to create all of the lots permitted on the parent tract and wishes to reserve the right to develop the additional lots at a later time, up to three lots may be created from the parent tract as of January 1, 1993 prior to meeting the provisions in this Section provided that:

A note is placed on the plat indicating the number of lots to which the residue is entitled. Such lots shall be subject to the provisions of Section 5-2.01.E and

ii.

The residue includes enough acreage to meet the minimum open space requirements for the lots created and the number of permitted lots remaining on the residue and

iii.

All of the other provisions in this Section are met.