[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 11-3-2009 as Subtitle II of Title 2 of Bill No. 09-1. Amendments
noted where applicable.]
(a)
Subdivision control. It shall hereafter
be unlawful to subdivide any land within the subdivision jurisdiction
of the County except in accordance with the provisions of this Title.
Hereafter, no subdivision plat shall be recorded by the Clerk of the
Circuit Court until it has been approved as required hereby. No land
in a subdivision shall be sold or offered for sale or transferred
by deed, contract, will, plat or otherwise nor shall a permit or zoning/occupancy
certificate be issued for a structure thereon, except in accordance
with the provisions hereof.
(b)
Exemptions. Applications for exemption
shall be upon forms as prescribed by the Department. Exemptions may
be granted from the requirements of Subtitles ZS2:III and ZS2:IV hereof
by the Department or the Planning Commission as specifically provided
herein, in the following cases.
(1)
The division of agricultural land for bona fide agricultural
purposes creating no parcel that is less than ten acres in area, including
the remaining portion of the original parcel, and creating no more
than three parcels total.
(2)
Boundary line adjustments where the existing or
believed boundary (or either existing or believed boundary in the
case of disputes) is adjusted less than fifty feet in either direction.
(3)
Public acquisition of land for the widening or realignment of
public roads or streets by the County Commissioners or State Highway
Administration.
(4)
Actions taken to correct subdivisions created on or after July
25, 1967, and prior to September 23, 1978, and that were not in strict
conformance with the requirements of the Subdivision Regulations at
the time of the subdivision's creation.
(5)
In cases where the Planning Commission determines that it is
not the intent of this Title to require compliance with Subtitle ZS2:III
or ZS2:IV, based upon exceptional conditions or circumstances where
a literal enforcement hereof would result in unnecessary hardship.
(c)
Establishment of parcels. For the purposes
of this Title, parcels are hereby established with boundary lines
as they existed as reflected by the land records of Worcester County,
Maryland, as of July 25, 1967 (the effective date of the initial subdivision
regulations). It is not the intent hereof, however, to legalize or
legitimize any subdivision illegally created or platted in derogation
of any prior Worcester County Subdivision Regulations.
(d)
Permits not issued without plat, where required. No permit shall be issued by any administrative officer of Worcester
County for the construction of any building or other improvements
requiring a permit upon any land for which a plat is required by this
Title unless and until the requirements of this Title have been observed.
(e)
Waivers.
(1)
The Planning Commission may not grant waivers to procedural
requirements, time frames, or standards contained in this Title except
where specifically provided. The Planning Commission may grant waivers
to the specific minimum requirements established under this Title
upon assurance by the applicant that each of the following conditions
has been met:
A.
The minimum requirement, if applied to the proposed subdivision,
would impose an unreasonable burden upon the applicant.
B.
The granting of such waiver will not have a substantially adverse
effect on the current or future residents of the proposed subdivision
nor upon any property adjoining such proposed subdivision.
(2)
In granting any waiver from the requirements of these regulations,
the Planning Commission may prescribe such conditions and safeguards
as it shall deem necessary to fulfill the purpose and intent of these
regulations. Violations of such conditions upon which any waiver is
granted shall be deemed a violation of these regulations and punishable
under the provisions hereof.
A.
The applicant, whenever possible, shall submit a request for
the waiver of any minimum requirements with or prior to the submission
of a preliminary plan. Such request shall be in writing and include
a specific statement of the relief requested and the reasons such
request should be granted. The Department may also require such plans
and drawings as needed to assist the Planning Commission in reaching
its decision.
B.
The Department, upon receipt of a waiver request under this
section, shall schedule Planning Commission consideration within sixty
days of receipt thereof and shall prepare a staff recommendation on
the request. The Planning Commission may make a decision on the written
record and may also receive testimony, if it so desires.
These regulations shall be enforced by such County department
or official (hereinafter called the "Department") as designated or
created for such purpose by the County Commissioners. If the Department
shall find that any of the provisions of these regulations are being
violated, the Department shall notify, in writing, the person responsible
for such violation and the property owner, if different, and take
such action as may be necessary to prevent the violation of these
regulations, including obtaining a court injunction to discontinue
the transfer, sale or negotiations for sale of unapproved lots or
parcels, or any other action authorized herein.
(a)
Civil infraction. Anyone who, being the
owner or agent of the owner of any land located within the subdivision
jurisdiction of the County, violates the provisions of this Title
shall be guilty of a civil infraction.
(b)
Compliance required for transfer by metes and bounds. The description of any lot or parcel by metes and bounds in the
instrument of transfer or other document used in the process of selling
or transferring shall not exempt the transaction from such penalties
or from the remedies herein provided.
(c)
Compliance with Planning Commission conditions. Violations by a landowner or his agent of requirements and restrictions
which the Planning Commission may impose as conditions for approval
of a subdivision plat shall constitute a violation hereof.
(d)
Separate offenses. The landowner, his
agent or any other person who commits, participates in, assists in
or maintains such violation may each be found guilty of a separate
offense and suffer the penalties herein provided.
(e)
Order to correct. To the maximum extent
reasonable, the court shall order the violation removed or corrected
and may issue such additional orders as the court may deem appropriate
to safeguard against future violations of this Title.
(f)
Revocation of permit and other actions. Nothing herein contained shall prevent the County from revoking
a permit, special exception, variance or any other approval or from
taking such other lawful action as is necessary to prevent or remedy
any violation of this Title.
