The purpose of this article is to establish the basic and minimum
design and improvement standards that will be required as a condition
to development or that are to be provided in conjunction with development
for subdivisions. Standards exceeding these minimum requirements may
be provided by the applicant or required by the Planning Commission.
This article promotes development that is harmonious with the existing
environment and provides guidelines and standards to protect the public
health, safety and welfare.
A.
Site design and environmental features analysis. The characteristics
of the development site shall be detailed in an analysis which may
include the following, as appropriate: site context and history; geology,
soil and topography; vegetation, fauna and ecology (including the
known location of any threatened or endangered species); visual features
and their context; past and present use of the site; existing structures;
and road networks. Other features and information may be included
in the site analysis and may be required during plan review. At a
minimum, an environmental features analysis and/or assessment containing
the information necessary to demonstrate consistency with the Forest
Conservation Ordinance[1] and the critical area program is to be provided with the
preliminary subdivision plan application.
[Amended 6-19-2012 by Bill No. 2011-11]
B.
Subdivision design.
(1)
Design of the development shall take into consideration all existing
local and regional plans for the surrounding community including but
not limited to the Charles County Comprehensive Plan and the Comprehensive
Water and Sewer Plan.
(2)
Development of the site shall be based on the site analysis. To the
maximum extent practicable, development shall be located to preserve
the natural features of the site, to avoid areas of environmental
sensitivity and to minimize negative impacts and alteration of natural
features.
(3)
The following specific areas include, but are not limited to, areas
that shall be preserved as undeveloped open space, to the extent consistent
with the reasonable use of land, and in accordance with applicable
state or local regulations:
(c)
Lands in the floodplain.
(d)
Steep slopes in excess of 25% or as required by resource protection
zone or critical area regulations, as measured over an area of 10,000
square feet, except where it is demonstrated that appropriate engineering
measures concerning slope stability, erosion and resident safety are
being taken.
[Amended 6-19-2012 by Bill No. 2011-11]
(e)
Habitats of rare, threatened and endangered species, as identified
by the Secretary of the Maryland Department of Natural Resources or
by the Federal Endangered Species Act.
(f)
Other significant ecological areas, including but not limited
to forest interior dwelling bird habitat, fish spawning areas, colonial
waterbird nesting sites and submerged aquatic vegetation.
(g)
Historically significant structures and sites, as listed on
federal, state or County lists of historic places or as eligible for
inclusion on the National Register of Historic Places.
(h)
Information for off-site delineation of the above items, beyond
the 100 feet specified, may be based upon the most recent topographic
and historical information available at the time of submittal, provided
that the sources used are clearly specified on the plan or plat document;
and
(4)
The development shall be laid out to avoid adversely affecting groundwater
and aquifer recharge; to reduce cut and fill; to avoid unnecessary
impervious cover, to prevent flooding; to provide adequate access
to lots and sites; and to mitigate adverse effects of shadow, noise,
odor, traffic, drainage and utilities on neighboring properties.
(5)
Area of special geotechnical consideration.
[Added 12-5-1999 by Ord. No. 00-89]
(a)
A geotechnical report will be required, including a preliminary soils condition report at the time of preliminary plan application for new construction in the portion of the County designated as the "area of special geotechnical consideration" per Appendix F.[4] The geotechnical report shall be prepared by a professional
engineer licensed in the State of Maryland who is hired by the County
and paid for by the applicant. The geotechnical report shall identify
all unstable soil conditions and make recommendations for construction
requirements where the unstable soil conditions exist. Unstable soil
conditions shall include, but not be limited to, high shrink/swell
or other unstable soil conditions as determined by the geotechnical
engineer. These recommendations shall become a part of the construction
permit requirements.
[4]
Editor's Note: Appendix F is included as an attachment to this chapter.
(b)
The geotechnical construction recommendations shall include
all the necessary requirements for roads, grading, drainage, stormwater
management, water and sewer, building, foundations, landscaping, utilities
and any other construction as determined by the County.
C.
Circulation system design.
(1)
The road system shall be designed to permit the safe, efficient and
orderly movement of traffic; to meet but not exceed the needs of the
present and future population in the area to be served, as established
by the Comprehensive Plan; to have a simple and logical pattern; to
provide interparcel connectors to alleviate traffic congestion and
to facilitate access for emergency vehicles, without promoting through
traffic on local residential streets; to respect natural features
and topography; and to present an attractive streetscape.
(2)
Nonresidential developments are to provide shared or coordinated
entrances to streets classified as collector streets or greater.
(3)
The pedestrian system shall be located as required for safety. In conventional developments, walks shall be placed parallel to the road, with exceptions permitted to preserve natural features or to provide visual interest. In other developments, walks may be placed away from the road system, but they may also be required parallel to the road for safety reasons. (See Article VII for road and sidewalk standards.)
A.
As required by the Charles County Zoning Ordinance,[1] no preliminary subdivision plan shall be approved unless
the Planning Commission first determines that the proposed subdivision
will not adversely affect the adequacy of public facilities serving
the area, project, or development.
B.
Every subdivision shall conform in the provision of water supply
objectives, policies and sewage disposal to the guidelines set forth
in the County's Comprehensive Water and Sewer Plan.
C.
Where the subdivision contains sewers, sewage treatment plants, water
supply systems, park areas or other physical facilities necessary
or desirable for the welfare of the area and which are of common use
or benefit and which are of such character that the County or other
public agency does not desire to maintain, then provision shall be
made by legal arrangements incorporated into the deed restrictions
and which are acceptable to the County Commissioners for the proper
and continuous maintenance and supervision of such facilities by the
lot owners in the subdivision.
Every lot approved for development should be designed to adequately
provide for the reasonable use of the lot consistent with the nature
of the uses permitted in the zoning district. Lot sizes and shapes
vary within a given project or zoning district, due to design constraints
such as road access or design, resource protection zone requirements,
buffers, utility installations and other matters. As a result, the
ability of a property owner to develop, expand or otherwise use a
lot may be limited if care is not taken to coordinate these design
constraints. The requirements of this section are intended to provide
standards for the creation of lots which can be appropriately used
by the property owner and residents.
A.
In general, intersecting roads, which determine block length, shall
be provided at such intervals as necessary to meet existing road patterns,
topography and requirements for safe and convenient vehicular and
pedestrian circulation. Residential blocks generally shall not exceed
1,600 feet in length nor be less than the minimum intersection spacing
set forth in the Charles County Road Ordinance,[1] with the block width generally being sufficient to allow
two tiers of lots of appropriate depth. Exceptions to this prescribed
block width may be permitted in blocks adjacent to major roads, railroads,
utility easements or waterways. When blocks are greater than 1,000
feet long, special consideration should be given to the provision
of pedestrian ways within the block, as needed. Nonresidential blocks
shall be of such length, width and other design as the Commission
finds necessary for the prospective use, including adequate provision
for off-road parking, truck loading and unloading, buffer areas, pedestrian
movement and proper vehicular access to adjacent roads.
B.
Usable lot area required. The following general standards are to
be used for guidance in the design of a lot, in order to provide a
reasonable area for the use of that lot consistent with the Zoning
Ordinance:[2]
(1)
Excessive depth in relation to width should be avoided, with a proportion
of two to one normally considered a desirable maximum for lot widths
of 60 feet or greater.
(2)
All lots must provide contiguous usable area for the construction
of a principal structure, including decks, patios and accessory structures
consistent with the nature and use of the property and housing type.
(3)
The Planning Director may require that the usable lot area for any
lot be shown during preliminary subdivision plan or final plat review.
The area designated on the lot for a septic easement, if necessary
for the particular lot, is not required to be within the usable lot
area as defined by this section.
(4)
For single-family detached dwellings, usable lot area is not to include
any portion(s) of the lot separated by a section of that lot less
than 35 feet in width. The Planning Commission may approve single-family
detached lots with this constraint only if the constraint is the result
of an existing condition.
(5)
The Planning Director may refer any minor subdivision to the Planning
Commission for review if the application does not appear to adequately
address any of the requirements of this subsection.
C.
Lot frontage.
[Amended 4-3-2013 by Bill No. 2013-03]
(1)
All residential lots, other than public use lots as defined by this section, shall abut a public road or private right-of-way for at least the minimum frontage required for the zone in which the lot is located, unless as otherwise permitted per § 278-80. Lots may only be designed to abut a private road/drive, provided that the private road/drive meets the design standards stipulated in the Charles County Road Ordinance, and the private right-of-way connects to and abuts a public road. All such lots shall be designed so as to provide a usable alignment, per the Charles County Road Ordinance, that is safe and convenient for vehicular and pedestrian access to the road. Lots for single-family attached dwellings may satisfy this frontage requirement if the lots abut a private road as defined by the Charles County Road Ordinance.
[Amended 1-31-2017 by
Bill No. 2016-11]
(2)
A nonresidential lot is not required to have public road frontage,
provided that the lot is created as a part of a subdivision development
with an internal circulation network where the lot is served by an
access road or service road, designed as an integral part of the overall
development.
D.
Lot lines. Side lot lines should generally be at right angles to
straight road center line and radial to curved road center lines.
E.
Lot area. Lots for residential or nonresidential uses shall meet
the minimum standards required by the Zoning Ordinance,[3] except public use lots as defined by this section. In
no case shall any new residential lot hereafter platted be of less
size or width than what is described in the Zoning Ordinance for said
zoning district in which the lot is located.
F.
Corner lots. Corner lots should be of sufficient width and depth
to equal noncorner lots in subdivision plus sufficient area to comply
with the required minimum front yard building setback line on each
road frontage.
G.
Double-frontage lots. Double- (or "through" and "reverse") frontage
lots shall be prohibited except where employed to prevent excessive
vehicular driveway access to roads, to separate residential areas
from other areas of conflicting land or traffic use or to overcome
specific disadvantages of topography and orientation.
H.
Land remnants. Remnants of land that exist after the subdivision
of a parent parcel that have no apparent future use defined by the
subdivision application that can be properly controlled, or is unbuildable
according to the Zoning Ordinance or other state or local regulation,
shall be incorporated into the lots of the proposed subdivision or
right-of-way.
I.
Public use lot. A parcel of land which is designated not to be used
as a residential lot and is to be dedicated to the County, the state
or any entity other than the homeowners' association shall be
subject to the following:
(1)
The lot shall be demonstrated to be acceptable to the future property
owner, organization or agency, including reasonable access and maintenance.
(2)
Written acknowledgment by the future property owner, organization
or agency is to be provided prior to preliminary subdivision plan
approval.
(3)
The proposed use of the lot is clearly specified on the subdivision
plan and plat and determined to be an appropriate use by the Planning
Commission as a part of the preliminary subdivision plan approval
process.
(4)
Appropriate deed restrictions are recorded with the final subdivision
plat.
J.
Residue. Any area of a parcel which is associated with the subdivision
and is of sufficient size and configuration to be eligible for additional
subdivision in the future shall be labeled as "residue." Public rights-of-way
shall be extended to provide future access to all such areas, unless
direct access to a public road is available to serve the residue,
without environmental or topographic constraints and in a manner consistent
with the Charles County Road Ordinance. Preliminary subdivision plan
or final plat applications, which create or modify residues, shall
illustrate and provide in acres the entire remaining residue parcel
on a vicinity map or as an insert.
[Amended 4-3-2013 by Bill No. 2013-03]
K.
Building restriction lines.
(2)
The rear building restriction line shall be shown on the subdivision plat for any irregularly shaped lot, cul-de-sac or radial lots, flag lots or others as required by the Planning Director where an overlap between the lot line and any utility easement, forest conservation easement or other feature which may impact upon the use and enjoyment of the lot, per Subsection L below. The line shall be drawn pursuant to the guidelines of the Zoning Ordinance.
(3)
In all cases, an additional depth of at least 20 feet over the typical
lot depth shall be required on residential lots less than one acre
that back up to railroads, unless a buffer yard is provided between
the lot and the railroad right-of-way that is consistent with the
Zoning Ordinance and these regulations.
L.
Encroachments or restrictions on residential lots.
(1)
Any area of land designated in a subdivision, including but not limited to required buffer yards, open space buffers, RPZ buffers, forest conservation easements, stormwater management facilities or drainage easements must not encroach onto any individual residential lots of one acre or less in such a way as to reduce the minimum usable lot area for the lot required per Subsection B above or to restrict the reasonable use of the property consistent with the zoning of the property.
(2)
The Planning Director may require that all building restriction lines
and proposed house locations are to be shown for any lot with an encroachment,
as shown on the preliminary subdivision plan and/or the final subdivision
plat. The Planning Director is to notify the applicant in writing
during TRC review for a preliminary subdivision plan, or during final
subdivision plat review, but in either case prior to recommending
the plan or plat to the Planning Commission for action.
M.
Access for flag lots. The flag stem providing access to a flag lot
must be found to be a usable alignment based on topography, agricultural
use and property limits. In order to provide adequate and safe access
for residents and for the provision of emergency services, access
easements to flag lots in Tiers 1 through 3 shall not be longer than
750 feet in length unless specifically approved by the Planning Commission.
These easements are not to be less than 30 feet in width for any access
easement for two or more residential lots and must be a usable alignment
providing direct access to a public road. For easements in Tier 4
that are longer than 750 feet, one bypass area is required, plus an
additional bypass area is required for each increment of 750 feet.
Design requirements, including but not limited to pavement widths,
passing areas, turnarounds or alignment are contained in the Charles
County Road Ordinance.[5] A shared access easement for a flag lot shall be created for lots in major subdivisions with proposed public roads only after receiving a modification per § 278-104 of these regulations from the Planning Commission.
[Amended 1-31-2017 by
Bill No. 2016-11]
N.
Outlots. A previously approved term, used for undevelopable lots
and parcels, is no longer permitted. As part of a subdivision application,
any parcel of land that is not considered buildable is to be consolidated
as a land remnant with an adjoining lot or dedicated as open space.
This provision does not apply to outlots recorded prior to April 3,
2013.
[Amended 4-3-2013 by Bill No. 2013-03]
O.
Irregularly shaped lots. In general, the subdivision may be approved
with irregularly shaped lots which contain one or more interior angles
of less than 60° or greater than 240°, not including ingress/egress
areas, subject to the following criteria:
(1)
Topographic, environmental, existing property boundaries, requirements
associated with other regulations and/or criteria established by the
developer that support establishment of that lot shape.
(2)
Existing and proposed drainfield locations must be shown on the preliminary
plan for all such lots and on the final plat. Drainfield locations
as shown must be verified by the Health Department prior to any approval
action.
(3)
Existing buildings or other physical improvements which are to remain.
P.
Cemetery ingress/egress easements required. An appropriate easement
is to be provided for any burial site located on a parcel subject
to subdivision plat, which allows for ingress and egress to the burial
site by persons related by blood or marriage; or persons or interest,
as defined by the State Code Real Property Article. Improvements are
not required to exceed any right-of-way existing at the time of subdivision.
Q.
The applicant is responsible with providing all of the information
required by this section as a part of the preliminary subdivision
plan or final plat submittal for review.
[Amended 7-11-2017 by Bill No. 2017-02]
A.
Application for revision. Before any revision to any approved conceptual
subdivision plan or preliminary plan can be reviewed, the applicant
must provide the following to the Planning Director for review:
(1)
The conceptual subdivision plan or the preliminary subdivision plan
name and Planning Commission approval date, plus the date of any extensions
and the dates of any previous revisions, if applicable.
(2)
The zoning of the property at the time of the latest Planning Commission
approval or extension, and the current zoning.
(3)
A description of the proposed redesign/revision, including information
concerning proposed changes to lot lines, public or private roads,
open space areas, easements, dwelling unit types, and other plan information.
(4)
Two copies of the approved preliminary subdivision plan or the conceptual
subdivision plan and two copies of a drawing showing the proposed
redesign/revision.
(5)
The rationale or reason for the proposed redesign/revision.
(6)
The status of the development (e.g., partially complete, engineering
plans under review, etc.).
B.
Minor redesigns/revisions to preliminary plans.
(1)
Minor redesigns/revisions to an approved preliminary subdivision
plan are to be reviewed within 10 days by the Planning Director. The
Planning Director may require that the minor redesigns/revisions be
rereviewed under the regulations in effect at the time of the most
recent approval or extension of the plan.
(2)
The applicant shall be notified within five days if the application
is incomplete, or if additional information is required. Incomplete
submittals may result in delays or return of the entire application.
(3)
After the entire redesign/revision application and additional information
has been submitted, the Planning Director shall determine if the application
qualifies as a minor revision. Changes to any of the following factors,
or others as determined by the Planning Director, may result in the
application being designated as a major revision:
(a)
Relocation, extension, or deletion of roads, rights-of-way,
sections of roads or rights-of-way;
(b)
Relocation, addition, or deletion of access points, including
interparcel connections;
(c)
Increases in the number of lots or units, significant changes
(greater than 10%) in the average lot size, or major changes to lot
configuration;
(d)
Adjustments in the location, configuration, size, and use of
open space;
(e)
Relocation, addition, or deletion of areas covered by easements;
and
(f)
Changes in dwelling unit types.
(4)
If the redesign/revision is considered to be minor, additional copies
of the revised preliminary plan shall be requested from the applicant
for review by the Department of Planning and Growth Management for
review. Members of the TRC may be asked to participate in the review
of the application.
(5)
The Planning Director shall review the application and may administratively
approve the minor revision to the approved conceptual subdivision
plan or preliminary plan. The Planning Director shall formally notify
the applicant, and notify any state or county agencies which may have
an interest in the decision. The administrative approval of the plan
does not affect any expiration dates in effect at the time of minor
revision approval.
(6)
If the Planning Director does not approve the minor revision, or
if the application is not accepted into review as a minor revision,
the reasons and regulatory constraints by which the decision was made
shall be provided to the applicant within 10 days. The applicant shall
have 30 days to proceed with one of the following options:
(a)
Revise the proposal, addressing all the stated issues; the minor revision then returns to Subsection B(4), above;
(b)
Resubmit the proposal as a major revision to a preliminary plan, consistent with Subsection C below, including any additional fees, if applicable; or
(c)
Petition the Planning Commission for reconsideration of the
determination of the Planning Director.
C.
Major revisions to conceptual subdivision plans or preliminary subdivision plans. All major revisions shall be submitted, processed, reviewed, and recommended to the Planning Commission as a new application, as described in these regulations. The revision is to reflect the current zoning, road, adequate public facilities, stormwater management, and forest conservation ordinances, as well as any other state or local regulations, as they apply to the revised portion of the plan. Any portion of the plan not affected by the revision is not required to comply, unless that compliance is necessary due to the nature of the major revision. Unless specifically approved by the Planning Commission in accordance with § 278-24, the approval of the major revision does not have any effect upon the expiration date of the preliminary subdivision plan.
A.
The adequate provision of sites for parks, open space, schools and
other public facilities as indicated in the Comprehensive Plan shall
be taken into consideration during the design and subsequent review
of the subdivision plan. Where such facilities are shown and located
in the Comprehensive Plan, or where the Deputy County Administrator
for Planning and Growth Management otherwise determines that a portion
of the land is required for such public facilities that are indicated
on other plans as approved by the County Commissioners, the applicant
shall dedicate the appropriate portion of land to the County or be
required to reserve such sites for a period not to exceed two years
after preliminary subdivision plan approval, during which time the
County shall either acquire the property, release the reservation
or make other arrangements agreeable to the applicant.
B.
The Planning Commission, in its discretion, shall require from each
subdivision either a dedication of land to the County for public facilities
or for recreational purposes. This land can be for a neighborhood
or community park, or for a facility to be operated by the County
in accordance with the provisions set forth in these regulations.
A.
The Planning Commission may approve preliminary and final plats,
or any part thereof, if the subdivider demonstrates that the proposed
improvements to the land for a development proposal will make it suitable
for the intended use subject to the requirements contained in this
and other applicable regulations.
B.
All improvements necessary to make land suitable for development
shall be in full compliance with any laws and ordinances regulating
such improvements and with any conditions as may be required by the
Planning Commission to reduce risks to health and safety.
A.
Priority forests and specimen trees are to be preserved pursuant
to the requirements of the Charles County Forest Conservation Ordinance
or the Chesapeake Bay critical area requirements of the Zoning Ordinance.[1] Preliminary and final plats shall indicate the limits
of all forest conservation easements.
B.
Where extensive natural tree cover and vegetation do not exist, afforestation
shall be provided consistent with the Charles County Forest Conservation
Ordinance.
C.
Street trees required. Trees shall be planted along the roadways
on the property of any subdivision in a manner approved as a part
of the subdivision review process. Such trees are to be planted in
a manner consistent with the Charles County Road Ordinance.[2] In the Waldorf Activity Center Zones (WC and AUC), a minimum
of one shade tree shall be planted for every 40 linear feet of frontage
along public roadways and major private streets. In all other zones
a minimum of one tree shall be planted for every 50 feet of frontage
along each road. The Planning Commission, upon recommendation of the
Planning Director, may grant a waiver from these requirements. Such
waiver shall be granted only if there are trees growing along such
right-of-way or on the abutting property which in the opinion of the
Planning Commission, comply with these regulations.
[Amended 4-13-2010 by Bill No. 2010-04]
D.
Within the Development District:
[Amended 4-13-2010 by Bill No. 2010-04]
(1)
In the Waldorf Activity Center Zones (WC and AUC), trees planted
in excess of the minimum of one tree per 40 feet may be considered
for forest retention credit, consistent with the requirements of the
Charles County Forest Conservation Ordinance.
(2)
In all other zones, trees planted in excess of the minimum of one
tree per 50 feet may be considered for Forest Retention Credit, consistent
with the requirements of the Charles County Forest Conservation Ordinance.
A.
Habitat protection plan. A plan shall be developed by the applicant and submitted for review and approval by the Planning Director. The habitat protection plan shall be submitted concurrently with the preliminary subdivision plan application, and subsequently updated and included in the final subdivision plat process, if applicable. The purpose of this plan is to address the protection of the habitats of rare, threatened and endangered species identified in § 278-44B of this article. Requirements contained in other regulations and ordinances may contain additional areas which are subject to protection.
B.
All subdivision plans submitted shall indicate the location of federal
and state rare, threatened and endangered species habitats, habitat
protection areas identified by the Maryland Department of Natural
Resources and wetlands of special state concern. The applicant shall
work with the Maryland Department of Natural Resources, with assistance
from County staff, to identify and develop habitat-protection measures.
The habitat-protection measures described in the plan shall be incorporated
into the overall design of the subdivision in order to minimize adverse
impacts and to preserve habitats of endangered and threatened species.
C.
Notes shall be placed on the preliminary plan and the final subdivision
plats outlining protective measures for the identified habitat or
species which are confirmed to be in the area. These measures may
be in the form of management guidelines, restrictive covenants, deed
restrictions or similar measures if determined by the Planning Director
to be appropriate.
[Amended 6-19-2012 by Bill No. 2011-11]
The standards and requirements outlined in the Charles County Zoning Ordinance, Article IX,[1] shall be considered minimum standards and requirements
for this section.
A.
The following standard notes shall be included on all subdivisions
and/or plats containing property within the critical area:
|
1.
|
"This property/a portion of this property is located within
the __________________ Zone Overlay of the Chesapeake Bay Critical
Area."
| |
|
2.
|
"Site tabulations:
| |
|
Total area: ______________
| ||
|
Total area in CBCA: ______________
| ||
|
Total area outside CBCA: ______________
| ||
|
Total area of CBCA: ______________ exclusive of tidal waters
or wetlands (if applicable)
| ||
|
Existing allowable CBCA density: ______________
| ||
|
Proposed CBCA density ______________"
| ||
|
3.
|
"There shall be no clearing, grading, construction, or disturbance
within the Critical Area Buffer except as may be permitted by the
Charles County Planning Division."
|
|
For properties within the Resource Conservation Zone Overlay
or Limited Development Zone Overlay:
| ||
|
1.
|
"Total existing lot coverage: ______________
| |
|
Total proposed lot coverage: ______________
| ||
|
Total existing forest coverage: ______________
| ||
|
Total proposed forest coverage: ______________"
| ||
|
For properties subject to intrafamily transfer:
| ||
|
1.
|
Lot(s) __________ are created under the provisions of a bonafide
intrafamily transfer and may not be transferred or sold to a third
party who is not a member of the owner's immediate family or
holder of a mortgage or deed of trust on the property, unless approved
by the Planning Commission.
| |
B.
Variations of the above notes may be approved by the Planning Director
or his or her designee.
C.
The Planning Division or the Planning Commission may require additional
notes based upon the nature of the plat.
All subdivision final plats are to provide the limits and boundaries
of any forest conservation easements and all plat notes and requirements
as described in the Charles County Forest Conservation Ordinance,
and the following note is to be placed in the general notes for every
subdivision final plat:
|
THIS PLAN OF SUBDIVISION IS SUBJECT TO A FOREST CONSERVATION
EASEMENT AS RECORDED IN THE LAND RECORDS OF CHARLES COUNTY AND IS
ALSO SUBJECT TO A FOREST CONSERVATION PLAN AS FILED IN F.C. FILE #__________
IN THE CHARLES COUNTY PLANNING OFFICE.
|
[Amended 11-9-2010 by Bill No. 2010-16; 11-9-2010 by Bill No.
2010-17]
A.
The preservation of existing features which add value to land development
within the County or to the County as a whole, including natural or
man-made assets of the County such as historic sites, historic or
architecturally significant buildings, scenic and/or historic roads
as designated by Charles County per the designation process set forth
in the Charles County Zoning Ordinance,[1] vistas, archaeological resources, and similar irreplaceable
assets should be preserved, insofar as possible, through harmonious
and careful design.
B.
All preliminary subdivision plans submitted shall show any historic
resources identified on the National Register of Historic Places,
the Maryland Trust historic sites survey, or the Charles County Comprehensive
Plan historic sites map, or designated scenic and/or historic roads,
shall identify cemeteries, burial grounds, and known archaeological
sites.
C.
The significance and integrity of all existing historic and archaeological
resources within a proposed subdivision shall be evaluated. The applicant
shall propose a scheme for the protection and preservation of such
resources, which shall be reviewed and subject to the approval of
the Planning Commission.
D.
If good cause is shown that a historic resource cannot be preserved,
and is accepted by the Planning Commission, that resource shall be
documented according to the standards established by the Historic
American Building Survey (HABS).
E.
In the case of a proposed subdivision adjacent to a historic or archaeological
resource, or scenic and/or historic roads, adequate buffering and
screening shall be provided.
F.
The applicant shall identify designated scenic and/or historic roads
in, or adjacent to, the project area. The applicant shall identify
historic and scenic qualities and propose on the preliminary or site
plan protection of such resources based on the goal of protecting
the scenic or historic qualities of the road per the definitions established
in the Charles County Zoning Ordinance. Whenever feasible, for development
outside of the right-of-way along a designated scenic and/or historic
road, proposed project improvements shall be consistent with context
sensitive solutions as documented in the Maryland State Highway Administration
Guidelines for such.
G.
Application of this section shall not result in the loss of otherwise
buildable lots. However, this provision shall not be interpreted or
used as a means to recover base density that may be lost due to the
application of other County, state, or federal requirements during
the normal subdivision review process.
