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 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.
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.
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.
[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.
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.
(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. Notification of the reservation including the plat shall
be sent to the affected taxing and assessing bodies.
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 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.