These standards are provided to assist in the design and analysis
of subdivision plan proposals. The information contained herein is
to be used in conjunction with the Charles County Road Ordinance and
Zoning Ordinance[1] to determine the nature of a subdivision road or street
and to determine the specific design considerations and other aspects
as they may apply. In the case of any conflict between these regulations
and other County ordinances, the more restrictive design standard
shall apply.
A.
Public roads shall be classified in a hierarchy system with design
tailored to function. The functional classification of public roads
shall be based on the following criteria:
(1)
The function of the road within the local road network;
(2)
The projected average daily traffic (ADT), calculated by trip generation
rates prepared using the latest edition of the Institute of Transportation
Engineers Trip Generation Manual. Trip generation rates from other
sources may be used if the applicant demonstrates that these sources
better reflect local conditions; and
(3)
The ADT limitation criteria as provided below.
B.
All public roads within and adjacent to a subdivision shall be assigned
one of the following functional classifications:
(1)
Local and minor roads. A public roadway contained within a public
right-of-way to provide access to single- or multifamily dwellings
and/or commercial areas and which may be connected to other streets
or local roads. Such roads should be designed to accommodate up to
1,000 trips per day. Only roads or streets which are classified as
such in the Charles County Road Ordinance shall be considered.
(2)
Collector street. A public roadway which, in addition to providing
access to properties abutting thereon, is intended to collect traffic
from and distribute it to a series of streets within a neighborhood.
Such roads should be designed to accommodate between 1,000 and 3,000
trips per day for minor collectors and over 3,000 trips per day for
major collectors serving only one development. Roads serving more
than one development or connecting two or more minor collectors, and
which are expected to handle more than 1,000 trips per day, shall
be considered as major collectors.
(3)
Parkway. A roadway classed as a major collector, intermediate arterial
or a minor arterial, which serves one or more developments and incorporates
a planted or landscaped median and limited direct access from adjoining
properties. Roads designated as parkways shall be designed and built
according to the appropriate minor arterial design standard found
in the Charles County Road Ordinance.
(4)
Arterial. A major road in the transportation system that is designed
to carry a high volume of traffic. These roadways serve as conduits
for interstate, intrastate and cross County circulation of traffic
and are described and indicated in the Comprehensive Plan.
(5)
Marginal access road. A service or frontage road that is parallel
to and adjacent to an arterial road and that is designed to provide
access to abutting properties so that these properties are somewhat
sheltered from the effects of the through traffic on the arterial
road, and to assure that the flow of traffic on the arterial road
is not impeded by direct driveway access from a large number of abutting
properties. These roadways are to be privately maintained in commercial
areas, except as specifically approved by the Planning Commission.
Such roads may be either designated for public or private maintenance
in residential developments, as approved by the Planning Commission.
(6)
Waldorf Urban Road classifications. Roads within the Waldorf Central
and Acton Urban Center Zones shall be assigned the appropriate classification
as indicated in the Downtown Waldorf Vision Plan and Design Guidelines.
Traffic volumes for Waldorf Urban Roads shall be as stated in the
Downtown Waldorf Vision Plan.
[Added 4-13-2010 by Bill No. 2010-04]
C.
Whenever a subdivision road continues an existing road that formerly
terminated outside the subdivision or it is expected that a subdivision
road will be continued beyond the subdivision at some future time,
the classification of the road will be based upon the road in its
entirety, both within and outside of the subdivision.
A.
The road system of a subdivision shall be coordinated with existing,
proposed and anticipated roads outside the subdivision or outside
the portion of a single tract that is being divided into lots (hereinafter,
"surrounding roads") as provided in this section.
C.
Local and minor collector public roads shall connect with surrounding
roads where necessary to permit the convenient movement of traffic
between residential neighborhoods or to facilitate access to neighborhoods
by emergency service vehicles or for other substantive reasons, but
connections shall not be permitted where the effect would be to encourage
the use of such roads by substantial through traffic.
[Amended 5-12-2015 by Bill No. 2015-04]
D.
Whenever connections to anticipated or proposed surrounding roads
are required by this section, the road right-of-way shall be extended
and the road developed to the property line of the subdivided property,
or to the edge of the remaining undeveloped portion of a single tract,
at the point where the connection to the anticipated or proposed road
is expected. The construction drawing for these extensions are to
include proper signage, curb returns, drainage system and other construction
details. The design and construction of these connections are required,
unless specifically waived in part or completely by the Planning Commission.
Such roads over 250 feet in length, or which have a length greater
than one lot depth, shall be terminated in temporary turnarounds,
and the Planning Commission may require that the temporary turnaround
be designed to accommodate public or emergency vehicles.
E.
Subdivisions shall connect to existing temporary turnarounds, temporary
culs-de-sac, interparcel connector stubs or pedestrian access points
such as sidewalks, hiker/biker trails or fitness trails. Variations
from this requirement shall be specifically approved by the Planning
Commission.
F.
Whenever the proposed subdivision contains or is adjacent to a railroad
right-of-way, arterial or expressway rights-of-way or conflicting
changes in land uses, the Planning Commission may require marginal
access roads, reverse frontage lots, lots with rear service or other
such treatment as may be necessary for protection of abutting properties
and to afford separation of conflicting types of traffic or land use.
A.
Loop roads are encouraged so that through traffic on residential
roads is minimized. Similarly, driveway access to collector roads
shall be minimized to facilitate the free flow of traffic and avoid
traffic hazards.
B.
Permanent dead-end roads shall terminate in culs-de-sac in accordance
with the standards set forth in the Charles County Road Ordinance.
Except where no other practicable alternative is available, the ADT
on such roads are not to be designed to exceed 1,000 trips per day.
Greater traffic loading on all dead-end roads may be approved by the
Planning Commission in cases of unusual topographic or other conditions.
In such cases, the Planning Commission may require additional paving
width or a change in road classification to assure adequate carrying
capacity for the road.
C.
Any public road providing the sole access to a development, or a
portion thereof, shall not be designed to exceed 1,000 trips per day.
Any development generating more than 1,000 trips per day shall be
required to have a secondary point of access. If a second access point
to the development or the given section cannot be provided, due to
unusual topographic or other conditions, then a variation may be approved
by the Planning Commission which is found to provide for safe and
efficient ingress and egress. A secondary point of access shall directly
connect the new subdivision to a second major collector or arterial
road. If a secondary point of access cannot be made in the above manner,
and a secondary access must be provided through an existing established
neighborhood local/minor collector road, then the County may require
the developer to install speed control measures on the existing road.
[Amended 5-12-2015 by
Bill No. 2015-04]
D.
Any residential subdivision development, or portion thereof, which
contains 500 units must have direct access to at least one major collector
roadway. Those developments, or portions thereof, which have more
than 1,000 units must have access to a parkway or minor arterial,
plus at least one other road classified as a major collector or greater.
Any variation from this requirement must be approved by the Planning
Commission and must include specific design characteristics and phasing
for the alternative proposal.
E.
Half roads are not permitted. Roads of less than the full required
right-of-way and pavement width shall not be permitted except where
such roads, when combined with a similar road (developed previously
or simultaneously) on property adjacent to the subdivision, creates
or comprises a road that meets the right-of-way and pavement requirements
of this chapter. When roads are constructed adjacent and parallel
to an adjoining property, the right-of-way shall be established at
the common property line.
F.
Roads shall be related appropriately to the topography. In particular,
roads shall be designed to facilitate the drainage and stormwater
runoff objectives set forth in the Charles County Stormwater Management
Ordinance,[1] and road grades shall conform as closely as practicable
to the original topography.
H.
Roads shall intersect as nearly as possible at right angles, and
no two roads may intersect at less than the angle specified in the
Charles County Road Ordinance. Roundabouts or traffic circles may
be approved by the County Highway Engineer after application for a
waiver from the requirements of the Road Ordinance. Preliminary approval
for such a design must be granted by the County Highway Engineer prior
to Planning Commission consideration.
I.
Whenever possible, proposed intersections along one side of a road
shall coincide with existing or proposed intersections on the opposite
side of such road. The minimum distance between the intersections
of all roads shall be controlled by the Charles County Road Ordinance.
J.
Portions of a development that are reserved for future conveyance to the County or the state for road rights-of-way or other uses, but are not to be deeded and conveyed at the time of final plat approval, shall be clearly labeled as reserved for conveyance at no cost to the County or state consistent with the requirements of § 278-32.
K.
Speed control. On local and minor collector residential roads, care
must be exercised that the design does not encourage high speeds.
The layout of neighborhood roads within the development district shall
have built-in speed control using either road geometry or intersection
control. Preferred speed control measures include bends, T-intersections,
traffic circles and roundabouts. The design standards of the Charles
County Road Ordinance shall be used for roadway layout for speed control
along residential roads.
[Added 5-12-2015 by Bill
No. 2015-04]
Whenever a subdivision is proposed abutting an existing public
roadway that does not meet the right-of-way width, pavement width
and pavement detail standards contained in the Road Ordinance for
the functional classification of the road, the following requirements
shall apply:
A.
The developer shall be required to deed to the County all rights-of-way
required on the property to achieve half of the width of the ultimate
right-of-way necessary to comply with the standards contained herein
or as shown on an approved state or County Engineering plan.
B.
Roadway and frontage improvements or reconstruction, including paving,
curb, gutter and sidewalk where appropriate, shall be required for
all commercial subdivisions or major residential subdivisions to provide
the full cross-section requirement as specified in the Charles County
Road Ordinance for roads located completely within the property. In
the case of frontage roads, the developer shall be required to provide
roadway and frontage improvements or reconstruction along the frontage
of the development proposed as necessary to achieve half of the ultimate
design section. The physical construction of such improvements by
the developer shall be required. In those cases where there is a project
which is not fully funded for construction in the Charles County Capital
Improvements Program, the Planning Commission may permit or require
a cash payment or a long-term performance bond in lieu of construction.
All funds or bonds so provided shall be deposited in a designated
account for that specific facility and expended by Charles County
for that project.
C.
Where any major subdivision adjoins an existing unpaved road or where
the existing pavement width is less than the standard found in the
Charles County Road Ordinance for that road, the new development shall
improve that road to the appropriate paved road section to the extent
feasible within County- or state-owned right-of-way, from the intersection
of the point of access to the project to the first public roadway
with a pavement width of acceptable standard per the Road Ordinance.
Whenever a tract to be subdivided adjoins or embraces any part
of a public road so designated in the Transportation Plan section
of the Charles County Comprehensive Plan, such part of said public
road shall be platted and dedicated by the subdivider in the location
and at the width indicated on the plan. The exact location shall be
established through coordinated review with state and County officials
and approved by the Planning Commission.
A.
Sidewalks, trails and other means of pedestrian circulation shall
be included along the frontage of all subdivisions within the Development
District for all roads classified as major collectors or greater,
unless specifically not required by the Planning Commission. Where
a sidewalk or trail exists or is approved for construction on a neighboring
property, then the new sidewalk or trail is to be designed in a manner
promoting the development of a larger network. All pedestrian systems
shall be constructed to meet the standards of the Charles County Road
Ordinance,[1] and maintained by the homeowners' association or
individual property owner, except as specifically required to be maintained
by the County or state.
B.
The sidewalks required by this section shall be at least four feet
in width and constructed according to the specifications set forth
in the Charles County Road Ordinance, except that the Department of
Planning and Growth Management may approve the installation of walkways
constructed with other suitable design and materials when it concludes
that:
C.
If the Planning Commission finds that a means of pedestrian access
is necessary from the subdivision to schools, parks, playgrounds or
other roads or facilities and that such access is not conveniently
provided by sidewalks adjacent to the roads, the developer may be
required to provide an unobstructed easement of at least 10 feet in
width, with the installation of a surfaced path to the site property
line, to provide such access.
A.
Construction and design standards and specifications for roads, sidewalks
and curbs and gutters are contained in the Charles County Road Ordinance,
and all such facilities shall be completed in accordance with these
standards.
B.
All roadway bridges shall be constructed in accordance with the standards
and specifications of the Maryland State Highway Administration.
C.
Pedestrian bridges may be approved if designed by a licensed architect
or engineer and are to be based upon Maryland State Highway Administration
standards or other applicable state or federal standards.
D.
Utilities installed in public rights-of-way shall conform to the
requirements set forth in the Charles County Road Ordinance.
A.
Driveway access to arterial and collectors not permitted. Driveway
access may not be provided from lots within a major subdivision to
a parkway or arterial road. Driveway access to collector roads for
any subdivision may also be limited or prohibited based on the amount
of traffic carried and the function of the road within the local road
network. Where driveway access from a major subdivision to a collector
road may be necessary for several adjoining lots, or for a minor subdivision
to any road classified as a collector road or greater, the Planning
Commission may require that such lots be served by a shared access
driveway in order to limit possible traffic hazards on such road.
The developer is responsible for demonstrating that an alternative
access route cannot be used for that lot.
B.
Lot design and collector roads. Where a subdivision adjoins or embraces
an existing or proposed collector road or greater classification,
the Planning Commission may require that the subdivision be designed
so that lots are accessed from a parallel local street and do not
access onto the collector road or greater classification. If the lot
is oriented so that the rear or side of the building is towards the
collector road or greater classification, screening and buffering
shall be provided along the property line of such lots.
C.
Shared access driveways. Access to adjacent lots with frontage on
a public road may be provided by a shared access driveway. Shared
access driveways shall be designed consistent with the standards for
private drives specified in the Charles County Road Ordinance.
D.
Driveway entrances. All driveway entrances and other openings onto
roads within the County jurisdiction shall be constructed so that:
E.
Specifications for driveway entrances are set forth in the Charles
County Road Ordinance.
A.
The Planning Commission shall not approve any preliminary or final
subdivision which proposes, creates or leaves as residual a landlocked
parcel of land.
B.
Private rights-of-way. New lots for single-family detached buildings
may be provided on a private right-of-way only after being found to
comply with the following criteria:
[Amended 1-31-2017 by
Bill No. 2016-11]
(1)
All lots must be greater than three acres in size, unless using the
cluster provisions of the RC, WCD and AC Zones, and be for single-family
detached dwelling units or agricultural uses.
(2)
A private right-of-way being created with the proposed subdivision
is a fee-simple portion of the parcel being subdivided and provides
the sole access for the area being subdivided.
(3)
Use of existing private rights-of-way for new lots being created
are only permitted where the parcel being subdivided does not have
frontage on a public road.
(4)
There can be no more than seven lots for single-family detached dwellings
using the private right-of-way as a shared access.
(5)
The private right-of-way shall not be less than 30 feet in width.
In Tiers 1 through 3, it shall not be longer than 750 feet in length
unless specifically approved by the Planning Commission. For private
rights-of-way 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. The right-of-way must be found to be a usable
alignment based on topography, agricultural use and property limits.
Design requirements, including but not limited to pavement widths,
passing areas, turnarounds or alignment are contained in the Charles
County Road Ordinance.[1]
C.
Attached dwelling units. Subject to the requirements of the Charles
County Zoning Ordinance and Road Ordinance, attached dwelling units
may have frontage on private drives.
D.
Access easements. Access easements not considered to be public or private streets shall be permitted to provide sole access to a residential lot only after receiving a modification per § 278-104 of these regulations from the Planning Commission.
E.
Shared access easements. Access easements that are not for the sole
purpose of access from a public road, and are primarily provided for
convenience and/or improved flow of traffic between adjoining commercial
properties may also be fully regulated by the Planning Commission.
F.
Agricultural shared access easements (defined in § 278-12). Agricultural shared access easements not considered to be public or private streets shall be permitted to provide sole access to a residential lot only after receiving a modification per § 278-104 of these Regulations from the Planning Commission, and according to the following criteria:
[Added 7-9-2008 by Bill No. 2007-094[2]]
(1)
The parcel from which new lots are created on agricultural shared
access easements shall meet the minimum requirements for inclusion
in and shall be subject to covenants, conditions and restrictions
of an agricultural land preservation district or easement program,
or other conservation easement that restricts the uses of the property
to agriculture or forestry.
(2)
New lots created on agricultural shared access easements shall be
permitted at a density of no more than one lot per full 50 acres and
shall not be subject to further subdivision. Preexisting dwellings,
defined as dwellings in existence as of July 19, 2008, do not count
against the density of one lot per full 50 acres.
(3)
New lots created on agricultural shared access easements shall be
for bona fide intrafamily transfers to immediate family members who
are engaged in the operation of the farm and only on parcels that
were recorded on or before June 1, 1976. "Immediate family" is defined
as father, mother, son, daughter, grandfather, grandmother, grandson,
granddaughter, stepparents, stepchildren and legal wards and guardians.
(4)
A notation shall be placed on the final subdivision plat denoting
the lot(s) and residue created under these provisions.
(5)
Lots created pursuant to these provisions shall not be for the purposes
of ultimate commercial sale. A lot created pursuant to these provisions
may not be subsequently conveyed to any person except where the conveyance
is to a member of the owner's immediate family, or where the
conveyance of the lot is as part of a default on a mortgage or deed
of trust.
(6)
Any lot created under this subsection 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
and until the Planning Commission has determined that a change in
circumstance has occurred since the original transfer which would
warrant permitting a subsequent transfer, when such circumstances
are consistent with the warrants and exceptions contained herein,
or other circumstances necessary to maintain land areas to support
protective uses of agriculture and forestry. The termination of covenants,
conditions and restrictions of an agricultural land preservation district
or easement program, or other conservation easement that restricted
the uses of the property to agriculture or forestry, shall not be
considered a change in circumstance. Deeds of transfer shall include
a covenant stating that the lot is subject to the provisions of this
subsection. These covenants shall restrict the subsequent transfer
or sale of a lot or lots created by the intrafamily transfer provisions
contained herein to a third party who is not a member of the owner's
immediate family or a holder of a mortgage or deed of trust on the
property, except as provided in this subsection.
(7)
Any lots utilizing an agricultural shared access easement shall be
at the minimum size permitted by the base zone and located to minimize
impact to the agricultural or forestry operation.
[2]
Editor's Note: This bill also redesignated former Subsection
F as Subsection G.
G.
Applicants proposing subdivisions involving new or existing private
rights-of-way or access easements must demonstrate that all property
owners who access the private right-of-way or access easement have
a legal right to do so; in addition, the applicant must also provide
a deed agreement for all property owners of existing and proposed
lots providing for future maintenance of the right-of-way or easement.
Applicants may also establish a homeowners' association for the
ownership and maintenance of a private right-of-way.
[Amended 1-31-2017 by
Bill No. 2016-11]
Whenever curb, gutter and sidewalk construction is used on public
roads, wheelchair ramps for the handicapped shall be provided at all
intersections and other major points of pedestrian flow. Wheelchair
ramps and depressed curbs shall be constructed in accordance with
published standards.
A.
Road names. All roads, both public and private, including easements,
and house numbers will be reviewed for compliance with the Charles
County Road Name Policy during preliminary subdivision plan review.
Road names and address numbers shall be finalized with the County
as a part of the final plat approval and shown on the final plat.
B.
Private road signage. All private roads and access easements created
by final plat subsequent to the adoption of these regulations which
receive an approved name designation from the County shall have a
sign installed at all intersections with public and private roads.
Each sign will clearly indicate that the road or access easement is
a private road, drive or place and not subject to County maintenance.
This may be achieved through a specific marking, symbol or sign attachment
approved by the County.
[Added 9-15-2003 by Bill No. 2003-06]
A.
The Planning Commission, when reviewing a preliminary plan or final
plat, shall refer to the Comprehensive Plan, master plans, or amendments
and parts thereof, capital improvement plans and other policy documents
directing public projects to determine the need for reserving for
public use any of the land included in the preliminary plan, final
plat or site plan. Reservations may be required for public purpose
projects, including but not limited to:
(1)
Highway, transit, or street rights-of-way, when a clearly defined
and preferred alignment has been selected by the authority having
jurisdiction. In the case of County projects, the authority shall
be the County Commissioners.
(2)
Public building sites.
(3)
Recreational sites.
(4)
Other public purposes.
B.
Notice of public hearing shall be given to the property owners and
shall be advertised in the County newspaper of record at least 14
days prior to the hearing date.
C.
If a decision is made to place a property in reservation, notice
of the reservation shall be sent to the property owner(s), and to
the governmental agency concerned with the acquisition.
D.
Final plats for the property shall be in strict conformity with the
public reservation. A portion of the property may be recorded if the
design of the subdivision or site is fully functional without the
reserved area.
E.
The Planning Commission shall cause the applicant to prepare a plat
of any land reserved for public use under the provisions of this regulation,
showing the survey location of the land, names and addresses of the
owners, and any other information required for its proper indexing
and for filing among the land records of Charles County. The plat
shall comply with all requirements for recording of plats among the
land records of Charles County, and shall be duly recorded.
F.
If land designated for reservation is on property proposed for commercial
development, then that land so designated shall be shown on plans
or plats as open space area to the extent feasible and will be used
to satisfy the requirements for open space, green area, pervious surface
area, or landscaped buffer for that project. If the Planning Commission
finds that a proposed commercial development cannot be redesigned
to accommodate a proposed reservation of land and still preserve the
allowable intensity of development, then the applicant may request
approval by the County Commissioners for a modification of the design
standards in order to mitigate for the impacts associated with the
reservation of land for public use.
G.
If land designated for reservation is on property proposed for residential
development, then, in lieu of reserving road right-of-way as described
above, an applicant may preserve for dedication a right-of-way by
redesignating the proposed subdivision of land consistent with the
following criteria:
(1)
Lots may be designed to avoid interference with the proposed public purpose project by using the lot design standards for a cluster development set forth in Article XIV, Figure XIV-2 of the Charles County Zoning Ordinance.[1]
(2)
Land will be preserved and dedicated for the intended purpose until
such time as the authority having jurisdiction accepts the dedication
or abandons the public purpose project.
(3)
Notwithstanding Article VI of these regulations, open space or recreational amenities may not be required for the project; however, if the public purpose project is abandoned and the authority does not accept the dedication, land set aside for the public purpose project must be used for open space, another public purpose for the benefit of the residents in the subdivision or the general public, or a compatible use approved by the Planning Commission.
H.
If the Planning Commission finds that a proposed residential subdivision can not be redesigned to accommodate a proposed reservation of land as provided for in § 278-83G and still preserve the allowable residential density, then the applicant may request approval by the County Commissioners for the use of more compact housing types such as single-family attached and multifamily housing to shift the allowable dwelling units outside the proposed land reservation area. County Commissioners approval of alternative dwelling types is subject to the following:
(1)
Single-family attached or multifamily dwelling units shall comply
with the minimum standards for such uses in the Planned Residential
Development (PRD) Zone set forth in the Zoning Ordinance; and
(2)
The siting and architectural design of the dwellings shall be approved
by the Charles County Site Design and Architectural Review Board.
[Added 9-15-2003 by Bill No. 2003-06]
A.
No reservation shall continue for longer than three years without
the written approval of all persons having any legal or equitable
interest in the property.
B.
Such public reservations shall not be subject to property tax during
the reservation period as described in Article 66B, Section 5.03(b)(4),
of the Annotated Code of Maryland.[1] Notification of the reservation including the plat shall
be sent to the affected taxing and assessing bodies.
[1]
Editor's Note: Said section was repealed by Acts 2012, c.
426, § 1, effective 10-1-2012. See now Land Use Article
§§ 5-102, 5-103, 5-204 and 9-805.
C.
During the reservation period, no building or structure shall be erected upon the land so reserved, except as provided in Subsection D. No trees, topsoil or cover shall be removed or destroyed, no grading shall be done, and no drainage structures shall be built so as to discharge water on the reserved land, except as provided in Subsection D.
D.
Land so reserved may be used for agricultural purposes and other
uses permitted by the Zoning Ordinance[2] upon written approval of the Planning Commission. The
Planning Commission may allow any permitted use which it finds will
not impair the efficient and economic use for which the property was
reserved.
E.
All land so reserved shall be maintained by the owner as required
by County law. The Planning Commission shall be notified immediately
upon the sale of any land so reserved, and shall be provided with
documents from the public land records attesting to such sale.
[Added 9-15-2003 by Bill No. 2003-06]
A.
The expiration of a preliminary plan shall not affect a reservation
if, before the expiration date, a reservation plat has been recorded
by the Planning Commission. If not recorded, the reservation shall
be deemed canceled.
B.
Prior to the expiration of a reservation period, with the written
consent of all affected landowners, the Planning Commission may renew
the reservation for additional periods of time, provided that the
time period of the renewal shall be mutually agreeable to the landowner
and the Planning Commission.
(1)
Prior to the expiration date, the Planning Commission shall determine
whether the reservation should be renewed and shall provide an opportunity
for review agencies to comment upon such renewal.
(2)
If the Planning Commission determines that the reservation should
be renewed, the landowner shall be notified of such determination
and, if the landowner desires to renew the reservation, the required
authorization for consent to the renewal shall be completed.
(3)
Renewal of reservation shall be approved by the Planning Commission.
C.
At the end of the reservation period, if the reservation has not been renewed in accordance with the provisions of Subsection B of this section, or if the land reserved has not been acquired for public use and proceedings for acquisition have not been initiated, then the reservation shall expire and the appropriate taxing and assessing bodies shall be notified. Initiation of the acquisition is demonstrated by the filing of condemnation petition in the courts; the negotiation of a contract between the property owner(s) and the County or efforts to achieve other appropriate agreements to be approved by the County Commissioners.
D.
If, prior to the expiration of the reservation period, the Planning
Commission determined that the reservation no longer appears necessary,
then the Planning Commission may cancel the reservation. Such cancellation
shall be by resolution of the Planning Commission. Certified copies
of the resolution cancelling the reservation shall be sent to the
property owner(s), the agency originally concerned with the acquisition,
the affected taxing and assessing bodies, and the Clerk of court for
filing among the land records of Charles County.
