Under the authority of the Land Use Article of the Maryland
Annotated Code, the following regulations governing the subdivision
of land are hereby established for all areas of Calvert County except
those within Incorporated Towns of the County. [Amended 12-7-2016]
The purpose of these Regulations is to regulate and control
the development of land within Calvert County, in order to promote
the public health, safety and general welfare, and to assure sites
suitable for building purposes and human habitation in a harmonious
environment.
These Regulations shall take effect immediately upon adoption
by the Calvert County Commissioners.
[Amended 5-12-2009; 8-5-2015 by Ord. No.
31-15; 11-29-2018 by Ord. No. 52-18; 11-30-2022 by Ord. No. 49-22]
See the Calvert County Code, Chapter
3, Adequate Public Facilities Requirements, as amended from time to time.
There are three levels of subdivision review procedures, as
described in the Sections that follow. They are: Concept Plan Review;
Preliminary Plan Review; and Final Plat Review
A. Concept Plan Review
1. Prior to submittal of an official subdivision application, a concept plan shall be submitted showing existing features and all ultimate development with respect to lots, roads, and other site improvements located in accordance with the provisions of this Ordinance. The purpose of this approach is to resolve problems before extensive engineering begins. In the event that any of the individual provisions of this Ordinance, relating to the placement of lots and roads (Section
5-2.01), conflict with each other as applied to a given site, these conflicts shall be noted in writing by the applicant as part of the concept plan submittal. The Planning Commission or its designee may waive or reduce the requirement for a concept plan of the entire parent tract for certain minor subdivisions. Such waivers or reductions shall be granted on a case by case basis and limited to minor subdivisions where the proposal does not significantly impact the future layout and development of the parent tract (such as the creation of a lot containing an existing house or creation of a single lot on a large parent tract).
2. The concept plan submittal shall be accompanied by the following
maps, each showing the boundaries of the proposed lots, the boundaries
of the parent tract and the locations and boundaries of any lots created
from the parent tract since June 29, 1967.
a. a soils map at a scale of one inch equals 600 feet (1" = 600'),
b. an aerial photograph at a scale of one inch equals 600 feet (1" =
600'),
c. a tax map at a scale of one inch equals 600 feet (1" = 600'), and
d. a topographic map at a scale of one inch equals 600 feet (1" = 600'),
3. The plan shall also indicate:
a. all applicable zoning districts and district overlays with acreages
for each,
d. acreage in proposed rights-of-way,
e. net acreage (gross acreage minus tidal wetlands, non-tidal wetlands,
zoned wetlands, and State wetlands), and
[Amended 3-25-2008]
f. areas of unsuitable land (Natural Resources Protection Areas as described
in Section 8-2), and
g. Land uses of all adjoining properties.
4. The concept plan shall be reviewed at a Concept Review meeting by
applicable County reviewing agencies and written comments shall be
submitted to the applicant within 15 working days of the meeting.
5. The concept plan shall show existing land uses as identified below:
a. Forested area. Forested area shall be identified in accordance with
the Calvert County Forest Conservation Program.
b. Cropland, pasture, meadow. All lands that have been cleared for use
as cropland, pasture or meadow and which show up as such on the most
recent aerial photographs.
c. Conservation Area. Tidal and non-tidal wetlands, floodplains, steep
slopes, streams and their buffers shall be identified giving acreages
for each.
d. Buildings, roads, overhead power lines and rights-of-way for gas,
electric, telephone and cable lines, abandoned railroad rights-of-way,
cemeteries, trails, trash dumps and hazardous waste dumps and fences
shall be shown. Buildings older than 50 years shall be designated
as such. If buildings exist on-site, they are to be identified by
type and whether the buildings are to remain or be removed as a result
of site development.
B. Preliminary Plan Review
1. Purpose
The purpose of the Preliminary Subdivision Plan is to provide
a basis for Planning Commission to grant conditional approval of a
proposed subdivision in order to minimize changes and revisions which
might otherwise be necessary on the Final Plat.
2. General
a. The Preliminary Subdivision Plan and all information and procedures
relating thereto shall in all respects be in compliance with the provisions
of these regulations, except where variation therefrom has been specifically
authorized in writing by the Planning Commission.
b. Approval of the Preliminary Plan by the Planning Commission shall
constitute conditional approval of the subdivision as to character
and intensity, but shall not constitute approval of the final plat
or authorize sale of lots or construction of buildings.
3. Drafting Standard
a. The Plan shall be clearly and legibly drawn at one of the following
scales:
i.
One inch equals 20 feet (1" = 20'); one inch equals 40 feet
(1" = 40'); one inch equals 100 feet (1" = 100'); one inch equals
30 feet (1" = 30'); or one inch equals 50 feet (1" = 50')
ii.
Other scales may be accepted where deemed appropriate by the
Planning Commission or its designated representative.
b. Dimensions shall be in feet and bearings in degrees and minutes.
Lot sizes shall be shown in square feet where lot size is less than
one acre, and in acres and decimal parts for larger lots.
c. Each sheet shall be numbered and shall show its relationship to the
total number of sheets.
d. Where any revision is made, or when the Plan is a revision of a previously
recorded plat, dotted lines shall be used to show features or locations
to be abandoned and solid lines to show the presently proposed features.
The title block of the Plan shall identify that the Plan is a revision
and the previous Plan's name and deed reference.
e. The Plan shall be so prepared and bear an adequate legend to indicate
clearly which features are existing and which are proposed.
f. The boundary line of the subdivision shall be shown as a heavy solid
line.
4. Information to be Provided. The Preliminary Plan shall show or be
accompanied by the following information:
a. The subdivision name shall be shown in the title block in the bottom
right corner of the plat.
b. Owner and developer's name and mailing and e-mail address.
c. Name, mailing and e-mail address and seal of the Registered Engineer,
Registered Landscape Architect or Registered Land Surveyor (in each
case, registered in the State of Maryland) responsible for the Plan.
d. Date, north point, and scale.
e. A vicinity map indicating the location of the site with relation
to the area road system. The vicinity map shall also indicate the
scale, the tax map number, the block and parcel number of the site
and shall be shown in the top right corner of the plat.
f. All applicable Zoning Districts and Overlay Districts with acreages
for each as well as gross acreage, wetland acreage, acreage in proposed
rights-of-way and net acreage (gross acreage minus tidal wetlands,
non-tidal wetlands, zoned wetlands, and State wetlands).
[Amended 3-25-2008]
g. Existing Features
i.
Complete outline survey of the property to be subdivided showing
all courses, distances, and area, and tie-ins to all adjacent road
intersections.
ii.
The location of property with respect to surrounding property
and roads, the names of all adjoining property owners of record and
their deed references or the names of adjoining developments; the
names, widths, and centerline of adjoining roads; and/or other pertinent
features being outside the property as determined by the Planning
Commission or its designated representative.
iii.
Location of all existing monuments or boundary markers.
iv.
The location of existing buildings, structures, roads, driveways,
easements, utility lines, bridges, cemeteries, water bodies, streams,
swamps, marshes, areas within the 100-year floodplain and other areas
listed in Section 8-2 and/or other pertinent features being within
the property, as determined by the Planning Commission or its designated
representative.
v.
Topography on two- foot contours as appropriate to the slope
of the land.
vi.
All information required of the Calvert County Forest Conservation
Program including the requirements listed in Section 8-3 of the Zoning
Ordinance and in the Maryland Forest Conservation Technical Manual.
vii.
Buildings, roads, overhead power lines and rights-of-way for
gas, electric, telephone and cable lines, abandoned railroad rights-of-way,
cemeteries, trails, trash dumps and hazardous waste dumps and fences
shall be shown. Buildings older than 50 years shall be designated
as such. If buildings exist on-site, they are to be identified by
type and whether the buildings are to remain or be removed as a result
of site development.
h. Proposed Layout
i.
The layout of roads, including proposed names, widths and centerlines.
ii.
The layout and appropriate dimensions of lots.
iii.
A reference to any land offered for dedication or reservation
for parks, schools, widening of roads, or other public uses.
iv.
The average and minimum lot size.
v.
Location and size of storm drains, sanitary sewers, culverts,
water course and all appurtenances thereof, water mains and fire hydrants.
vi.
Building Restriction Lines and minimum lot widths if used to
determine front Building Restriction Lines.
vii.
Rights-of-way and/or easements proposed to be created for all
drainage purposes and utilities.
viii.
Typical cross-sections and centerline profiles for each proposed
road. This information may be submitted as separate plats.
ix.
Types of road surfaces to be provided.
i. Community Water and Sewerage Facilities
i.
The policies and requirements of the Water & Sewerage Plan
shall be met.
ii.
The Planning Commission may require the developer to prepare
a feasibility study.
iii.
The Planning Commission shall set as a condition of approval
of the plat the extent to which water and sewerage and other utilities
shall be installed.
j. Environmental Impact Statement
i.
The Planning Commission may require submission of an Environmental
Impact Statement, prepared by a Registered Professional Engineer,
for subdivisions which create more than 30 lots, or consist of more
than 50 acres, or contain land which has more than the average in
sensitive or extremely sensitive land categories (the average for
the County being 17 percent extremely sensitive and 28 percent sensitive).
ii.
Environmental Impact Statements shall address both the long
and short range impact of the following points and any other issues
which are considered by the Planning Commission to be relevant to
the particular property: proposed methods for handling run-off, drainage,
and the siltation implications of the project; impact that the development
will have on air and water quality; impact on transportation systems
and facilities; implications of the development on the ambient quality
of the wildlife habitats and vegetative species present on the property
and on contiguous properties; proposed methods to preserve unusual
physical features (both man-made and natural); proposed methods to
remedy unstable landscape patterns (such as shoreline erosion, inland
erosion areas, high water table soil areas, landslide areas, areas
that have experienced plant or animal diseases, past mining extractions).
5. Health Department Approval
Perc tests must be performed and septic recovery areas approved
by the Department of Environmental Health prior to preliminary approval
of any lot regardless of size. If the lots are to be connected to
a proposed sewer system, then the construction plans for the new system
must be approved by the appropriate agencies prior to final plat approval
of the lots. If the lots are to be connected to an existing sewer
system, then the allocation for the lots must be approved prior to
preliminary approval.
6. Preliminary Plan Procedures
a. The Director of Planning & Zoning shall establish appropriate
procedures and application forms (electronic and/or paper form) necessary
to ensure adequate review and processing of subdivision applications
in a timely manner (including a submittal time-frame) consistent with
these Regulations. Included shall be a checklist, which shall show
all information required for subdivision application submittal. The
checklist shall be available at the Department of Planning & Zoning.
Procedures (other than those specified by these regulations) shall
be approved by the Board of County Commissioners. Review fees shall
be set by the Board of County Commissioners.
b. Upon receipt of a preliminary subdivision application, the Secretary
to the Planning Commission, or the Secretary's designee, shall have
10 working days to certify that the application package is complete.
If it is not complete, it shall be rejected. Prior to approval of
any preliminary subdivision plan by either the Planning Commission
or the Secretary to the Planning Commission (per paragraph 'e' of
this Section), comments shall be requested from other agencies, including
but not limited to: Department of Planning and Zoning; Engineering
Bureau, Transportation Bureau, Bureau of Utilities, (Bureaus of the Department of Public Works); Department
of Economic Development; State Highway Administration; Health Department; and the appropriate electric utility serving the area.
c. If the subdivision is located within the Critical Area, comments
shall also be requested from the State Critical Area Commission, the
State Department of Natural Resources and Maryland Department of the
Environment.
d. If the Principal Environmental Planner determines the subdivision
to have severe environmental impacts, the subdivision may be referred
to the Environmental Commission for comments. Such comments shall
be submitted in a timely manner, and shall at no time delay the review
process beyond the time period required by paragraph 'f' of this Section.
e. By authority of the Planning Commission, proposed subdivisions of
land containing seven lots or less may be granted preliminary approval
by the Chairman or Secretary to the Planning Commission in accordance
with these Regulations.
[Amended 8-5-2015 by Ord.
No. 31-15]
f. In accordance with these Regulations, the Planning Commission shall
take action within three months, following certification by the Secretary
to the Planning Commission that the subdivision application is complete
and proper, where a quorum is present to approve or disapprove the
preliminary subdivision plan or approve it with modifications. A statement,
in writing, shall be furnished to the subdivision applicant indicating
the actions of the Planning Commission. An applicant, or his/her authorized
agent, may waive this requirement or agree to an extension of this
period for approval.
7. Space shall be provided on the Preliminary Subdivision Plan for signature
and dates indicating approval by the following:
a. A Registered Engineer, a Registered Landscape Architect or a Registered
Land Surveyor in the State of Maryland.
b. County Health Officer, or representative of State Health Department.
8. Period of Validity
The approval of the Preliminary Subdivision Plan shall expire after three years from approval date unless an extension is granted by the Planning Commission. Final plat approval may be delayed if schools and/or roads are determined to be inadequate. See the Calvert County Code, Chapter
3, Adequate Public Facilities Requirements, as amended from time to time, and the policy adopted by the Planning Commission titled, "Policies for Administering Subdivisions under the Adequate Public Facilities Ordinance for School Capacity", for specific requirements.
[Amended 10-13-2010; 11-30-2022 by Ord. No.
49-22]
9. If, subsequent to preliminary approval, the applicant proposes changes
to the plan, the applicant shall submit a revised plan application
package to the Department of Planning and Zoning. If the proposed
revisions significantly change the alignment or use of an approved
right-of-way or significantly alter the layout and design of the subdivision,
including but not limited to the configuration of the open space,
then the revised application package shall adhere to the review and
approval process set forth in Section 7-1.07.B.1-7. Otherwise, the
revised plan shall be marked accordingly and a copy of the plan sent
to the review agencies.
[Amended 8-5-2015 by Ord.
No. 31-15]
a. All
residential subdivisions submitted for preliminary plan approval on
or before October 1, 2012 are exempt from the requirements of the
Sustainable Growth and Agricultural Preservation Act of 2012. All
residential subdivisions that are exempted from the Sustainable Growth
and Agricultural Preservation Act of 2012 must receive preliminary
approval by October 1, 2016 by the Planning Commission or its designee.
b. Any
subdivisions plans approved prior to October 1, 2012 may be revised
to be consistent with the Ordinance pertaining to the subdivision
definition amendments (Ordinance 64-12) adopted on December 4, 2012.
Such revisions shall be submitted to and reviewed by the Planning
Commission or its designee. If regulations are amended subsequent
to a preliminary approval, changes to the plan shall be reviewed under
the review process applicable when the revised plan is submitted.
10. Fees
Fees for submission of a Preliminary Subdivision Plan for approval
shall be as adopted by the Calvert County Commissioners by resolution.
C. Final Plat Review
1. General
The Final Subdivision Plat shall consist of a drawing, intended
for record, incorporating those changes or additions required by the
Planning Commission in its approval of the Preliminary Subdivision
Plan.
2. Drafting Standards
Drafting standards for Final Subdivision Plat shall be as described
in Section 7-1.07.B.3.
3. Information to be Shown
a. The subdivision name shall be shown in the title block in the bottom
right corner of the plat.
b. Owner and developer's name and address.
c. Name, address and seal of the registered surveyor responsible for
the plat. The surveyor must be registered in the State of Maryland.
d. Date, north point, and scale.
e. A vicinity map as described in Section 7-1.07.B.4.e.
f. Names, intended ownership (public or private), and centerline of
all proposed and adjoining roads with their rights-of-way widths.
g. Accurate distances and bearings of all boundary lines of the subdivision.
h. Lines of all lots, and a simple method of numbering to identify all
lots and sections.
i. Building Restriction Lines, minimum lot widths if used to determine
front Building Restriction Lines, and all easements provided for public
and private service together with their dimensions and any limitations
of the easements.
j. All dimensions necessary for accurate location of the boundaries
of the site to be developed and of all roads, lots, easements, and
dedicated areas. All other parcels created as a result of the subdivision
shall be included on the final plat and labeled so as to indicate
intended use or disposition. These dimensions shall be expressed in
feet and decimals of a foot.
k. All radii, arcs, points of tangence, central angles, and lengths
of curves.
l. All required and existing survey monuments benchmarks (i.e., concrete
monuments, pipe, trees, fences, etc.), together with their description.
m. Private, self-imposed and previously existing covenants, restrictions
and/or easements and their period of existence are to be shown or
referred to on the recorded Final Subdivision Plat. This is not to
preclude future recording of new or altered covenants, restrictions
and/or easements.
n. The accurate outline, dimensions and purposes of all property which
is offered for dedication or is to be reserved for acquisition for
public uses or is to be reserved by deed covenant for the common use
of the property owners in the subdivision.
o. Types of road surfaces to be provided.
p. Location of storm drains, culverts, water courses, and all appurtenances
thereof.
q. Notes or conditions clarifying requirements of the Planning Commission.
r. Notes
specifying density used for the creation of lots and reservation of
any remaining density that may be used for future subdivision of the
lots and residue parcel.
[Added 8-5-2015 by Ord.
No. 31-15]
4. Space shall be provided on the Final Subdivision Plat for signature
and dates indicating certificate of approval by the following:
a. A Registered Surveyor (Signature and seal).
b. County Health Officer, or representative of State Health Department.
c. Chairman or Secretary to the Planning Commission.
d. Owner and all parties having proprietary interest in the property
subdivided.
5. Preparation of Final Subdivision Plat
a. Final Plats for subdivisions of one to five lots shall be prepared
on sheets of either 8 1/2 inches by 13 1/2 inches and recorded
in the Land Records of the Clerk of the Circuit Court or sheets 18
inches by 24 inches and recorded in the Plat Records of the Clerk
of the Circuit Court.
b. Final Plats for subdivisions of six or more lots shall be prepared
on sheets of 18 inches by 24 inches and recorded in the Plat Records
of the Clerk of the Circuit Court.
6. Approval of the Final Subdivision Plat
a. The Department of Planning and Zoning shall review the Final Plat and verify approval of other appropriate County agencies, including the Calvert County Code, Chapter
3, Adequate Public Facilities Requirements, as amended from time to time, and compliance with all conditions of preliminary approval.
[Amended 11-30-2022 by Ord. No. 49-22]
b. The Planning Commission shall approve or disapprove the final plat
within 30 days of receipt of the original/mylar recording package,
or, if a regular meeting is not scheduled within 30 days, the Planning
Commission shall approve or disapprove the final plat at its next
regular meeting following the 30-day period. If the Planning Commission
does not approve or disapprove the final plat within the above-specified
time frame, the plat shall be considered approved and the Planning
Commission shall issue a certificate to that effect on demand. An
applicant may waive this requirement and consent to an extension of
the period for approval.
c. By the authority of the Planning Commission, proposed subdivisions
of land containing five lots or less may be granted final approval
and the Final Plat or Recording of Plat Sheet may be signed by the
Chairman or Secretary to the Planning Commission.
7. Copies to be furnished
The developer or his agent shall submit an electronic version
as per standards approved by the Board of County Commissioners, three
originals, two reproducibles of archival quality and the number of
paper copies specified in the preliminary approval letter for certification
by County agencies and recording. The following materials fail to
meet archival standards: sepia (black or brown) on transparent mylar,
black-line xerox on transparent mylar, transparent mylar - black line
diazo, opaque linen - black line diazo.
8. Recording of Final Plat
No Final Plat of a subdivision shall be recorded with the Court
Clerk unless such plat has been approved by the Planning Commission
under provisions of this regulation and signed by its Secretary or
Chairman.
9. Statements and Certificates
The following statements by the responsible owner, partnership,
corporation or developer, as appropriate and representing all parties
having proprietary interest in the property, shall be provided on
the plat:
"The undersigned owners and all parties having proprietary interest
in this property hereby adopt this plan of subdivision, establish
the minimum building restriction lines, and dedicate the roads, alleys,
walks and other areas as specified. The roads, open spaces and public
sites shown herein and the mention thereof in deeds, are for the purpose
of description only, and recording of the Final Plat shall not be
deemed to constitute or effect an acceptance by the County Commissioners;
acceptance by the County may be accomplished by a subsequent appropriate
act. An easement is established 10 feet in width binding on all rights-of-way
for the installation and maintenance of public utilities."
|
(Date)
|
(Witness)
|
(Signature)
|
(Name Printed)
|
10. Fees
Fees for submission of a Final Subdivision Plat for approval
shall be as adopted by the Calvert County Commissioners by resolution.
[Amended 8-28-2007; 5-12-2009]
A. If the Planning Commission authorizes the Planning Commission Administrator
or an equivalent administrative officer to approve subdivision plats
pursuant to the authority granted in Maryland Code Article 66B, Section
5.02(b), as amended from time to time, the Planning Commission shall,
upon the request of any person aggrieved by a decision of the Planning
Commission Administrator, review the decision of the Planning Commission
Administrator, provided that such request is received by the Planning
Commission within 30 days of the date of the Planning Commission Administrator's
final decision.
B. Appeals of decisions of the Planning Commission shall be noted with
the Circuit Court of Calvert County. Appeals to Circuit Court shall
be made in accordance with the Maryland Rules as set forth in Title
7, Chapter 200 within 30 days of the final decision of the Planning
Commission.
A violation of any provision of Article 7 or a failure to comply
with any requirement of Article 7 by any person, corporation, association,
partnership, or the agent of any such person, may be processed as
a Zoning Violation under the provisions of Section 1-7.