A.
To amplify and clarify all provisions of these regulations, the following
rules shall apply:
(1)
Words used in the present tense shall include the future tense; words
used in the singular number shall include the plural number, and the
plural number shall include the singular number, unless the obvious
construction of the wording indicates otherwise.
(2)
The word "shall" is mandatory and not discretionary.
(3)
The word "should" is considered recommended.
(4)
The word "may" is permissive.
(5)
The word "lot" includes the words "piece," "parcel" and "plots";
the word "building" includes all other structures of every kind, regardless
of similarity to buildings; and the phrase "used for" shall include
the phrase "arranged for" and "occupied for."
B.
The word "person" includes an individual, sole proprietorship, corporation,
partnership or incorporated association and any recognized legal entity.
C.
Unless it is plainly evident from the context that a different meaning
is intended, in a regulation that involves two or more items, conditions,
provisions, or events connected by the conjunction "and," "or," or
"either. . .or," the use of the conjunction is defined as follows:
(1)
"And" means that all the connected items, conditions, provisions
and events apply together and not separately.
(2)
"Or" means that the connected items, conditions, provisions or events
apply separately or in any combination.
(3)
"Either. . .or" means that the connected items, conditions, provisions
or events shall apply separately but not in combination.
D.
The words "includes" or "including" do not limit a term to the specified
examples but are intended to extend the meaning of the term to all
other instances or circumstances of similar kind or character.
E.
When a term used in these regulations is defined elsewhere in the
County Code but not in these regulations, the term shall have the
meaning specified in that section of the Code.
F.
The word "County" means Charles County, Maryland; the word "state"
means the State of Maryland.
G.
As used in these regulations, words importing the masculine gender
include the feminine and neuter.
H.
Throughout these regulations, all words other than the terms specifically
defined herein shall have the meanings inferred from their context,
or as defined in the most recent edition of Webster's International
Dictionary.
I.
The term "regulations" or "these regulations" shall mean the Charles
County Subdivision Regulations.
Unless otherwise specifically provided, or unless clearly required
by the context, the following words and phrases defined in this section
shall have the meanings indicated when used in these regulations:
Access easements, not considered to be public or private streets, that serve one or more lots for the purpose of providing right-of-way access to a lot created from a parcel of land that is a bona fide agricultural or forestry operation. The purpose and intent of an agricultural shared access easement is to allow shared access to lots created for the owner's immediate family [as defined in § 278-80F(3)] to preserve the integrity of a farm and farm family.
[Added 7-9-2008 by Bill No. 2008-09]
An area of land containing one or more lots and bounded by
streets providing access to the lots.
A development concept which encourages and permits variations
in residential developments by allowing deviation in lot size, type
of dwelling, lot coverage and open space from that which is normally
required in the applicable zone as further described under Article
XIV of the Charles County Zoning Ordinance.[1]
The Charles County Department of Planning and Growth Management.
Any activity, other than normal agricultural activity, which
materially affects the existing condition or use of any land or structure,
including mines, landfills or land disturbances such as grading, paving
and excavation.
Any species of fish, wildlife or plants which has been so
designated by the Secretary of the Department of Natural Resources.
Designation occurs when the continued existence of these species as
viable components of the state's resources is determined to be
in jeopardy. This includes any species determined to be an "endangered
species" pursuant to the Federal Endangered Species Act.
An area which, due to its physical or biological features,
provides important elements for the maintenance, expansion and long-term
survival of threatened and endangered species listed in COMAR 08.03.08.
This area may include breeding, feeding, resting, migratory or overwintering
areas. Physical or biological features include, but are not limited
to, structure and composition of the vegetation; faunal community;
soils, water chemistry and quality; and geologic, hydrologic and microclimatic
factors. This area may need special management or protection because
of its importance to conservation of the threatened or endangered
species.
Any parcel which does not have frontage on a public street,
or any other legally defined means of ingress and egress, either by
easement or private road. Creation of such parcels is prohibited.
[Amended 4-3-2013 by Bill No. 2013-03]
Land for which the boundaries have been established by a recorded
deed or a recorded subdivision plat filed among the land records of
the County.
If a public body or any authority with the power of eminent
domain condemns, purchases or otherwise obtains fee-simple title to
a strip of land cutting across a parcel of land otherwise characterized
as a lot by this definition, and the interest thus obtained for the
road so created is such as effectively to prevent the use of this
parcel as one lot, then the land on either side of this strip shall
constitute a separate lot.
The Planning Director and the owner of two or more contiguous
lots may agree to regard the lots as one lot if necessary or convenient
to comply with any of the requirements of these regulations.
The mean horizontal distance between the front lot line and
rear lot line of a lot, measured within the lot boundaries.
The horizontal distance between the lot lines along a straight
line parallel to the front line at the minimum required building setback
line.
Any lot located along curved roads or at the end of culs-de-sac
and where the distance along the road frontage is less than the amount
required per the Zoning Ordinance[2] for that district. Side property lines should be radial
to the curve of the road or cul-de-sac.
Land for which the boundaries have been established by a recorded deed or plat and may be considered for further subdivision, provided that adequate acreage exists to comply with the minimum development areas of the pertinent zoning district and otherwise qualifies for further subdivision per §§ 278-16 and 278-17 of this chapter.
[Added 4-3-2013 by Bill No. 2013-03]
Physical improvements include all improvements required by
these regulations, including but not limited to the following:
Bridges.
Crosswalks.
Pathways, walkways, trails, bike paths, equestrian paths and
sidewalks.
Recreational facilities (including those privately maintained,
such as by a local homeowners' association).
Sanitary sewers, stormwater management and stormwater conveyance
systems including storm drains with appurtenant construction.
Streetlighting and signage.
Street pavement, with or without curbs and gutters.
Street trees.
Traffic control facilities.
Water mains and distribution lines.
The Charles County Planning Commission.
[Amended 7-11-2017 by Bill No. 2017-02]
FINAL PLATThe official division of land approved by the Department and recorded in the land records of Charles County. It is the formal plat prepared for legal recordation of land subdivision, easements, buffers, or other matters of real property ownership or responsibilities. The final plat further defines the area of the preliminary subdivision plan and once recorded provides the property owner a mechanism to legally transfer ownership.
IMPROVEMENT PLANPlans which depict the proposed location, size, type, grade, elevation, and other significant characteristics of each improvement as required by the Department. These plans are to be complete in terms of any engineering details, studies, analyses, or any other criteria. These plans may be used for actual construction, and may include (but not be limited to), those items listed under "physical improvements" above.
PRELIMINARY SUBDIVISION PLANThe proposed plan of subdivision, consisting of drawings and additional supplementary design and development material beyond the conceptual subdivision plan indicating the proposed layout of the subdivision to be submitted to the Department of Planning and Growth Management. Engineering details are not necessarily established for this plan, but sufficient detail is to be provided to enable reviewers to accurately analyze the plan. Preliminary subdivision plans are also referred to as "major subdivisions" and propose to divide property into more than seven lots, tracts or parcels or parcels from the original parent tract, lot or parcel. Appendix A contains a list of required design items that shall be included with the submittal.[3]
CONCEPTUAL SUBDIVISION PLANA sketch indicating to the Department of Planning and Growth Management the general objectives and desires of the developer in regard to the future development of the site. The basic purpose of the plan is to present important details that define the project, inform the public and affect decisions in the development of the project and to ensure that the plan complies with the Zoning Ordinance[4] and demonstrates that it incorporates good planning and land development principles. This plan will be presented to the Planning Commission for review at a public meeting prior to advancing to the preliminary subdivision plan stage of development. Projects located within Tier III areas are required to conform to public hearing legal notice requirements. See Appendix A for plan design and submittal requirements.
Refers to nongovernment maintenance of all physical improvements
not owned or maintained by the County.
The lines bounding a lot, as defined herein.
Refers to County government maintenance of all physical improvements
not owned and maintained by individual property owner or developer.
All streams and watercourses are as defined in the Charles
County Forest Conservation Ordinance.[5]
The act of creating a subdivision of land as herein defined.
The division of any tract or parcel of land into two or more
lots or parcels for the purpose, whether immediate or future, of transfer
or ownership or of building development.
Any species of fish, wildlife or plants which has been designated
as such by the Secretary of the Department of Natural Resources which
appears likely, within the foreseeable future, to become endangered.
This includes any species determined to be a "threatened species"
pursuant to the Federal Endangered Species Act.
The area which is available for use on a property sufficient
for the reasonable use and enjoyment of the property, unrestricted
by development limitations, consistent with the housing type or use
approved for the property. Examples of such restrictions or limitations
include, but are not limited to, house placement on a lot in a manner
in which a deck or patio may not be installed, without resulting in
an encroachment into the rear yard; a single-family detached home
without sufficient yard and side yards; buildings restricted by permanent
utility or grading easements, which would inhibit the expansion of
the building or the installation of accessory uses or infrastructure
consistent with the use of the building; location of resource protection
zones, wetlands, buffers or forest conservation easements on the property
which result in undue limitations on the use of the lot.
