SEE CUSTOMER ASSISTANCE GUIDE ENTITLED, "HOW TO SUBDIVIDE PROPERTY",
AVAILABLE FROM THE DEPARTMENT OF PLANNING & ZONING, FOR ADDITIONAL
INFORMATION.
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.
A.
Application. These Regulations shall apply to all new subdivisions
and to extensions and revisions of recorded subdivisions, except for:
1.
The division of land for purposes other than building development.
2.
That portion of a divided tract which is not to be used for the purpose
of building development.
3.
Subdivision of land by court order.
4.
Conveyance
to a governmental or quasi-governmental agency for public use. The
Board of Appeals may grant a variance for the resulting residue parcel,
from lot area, lot width, and setbacks per Section 11-1, where the
hardship is created by the conveyance of land to a governmental or
quasi-governmental agency.
[Added 12-7-2016]
B.
Recording of Plats.
1.
Minor Subdivision. The Secretary to the Planning Commission is responsible
for submitting the approved Final Plat to the Clerk of the Circuit
Court for recording in the Plat Records of the Clerk of the Circuit
Court, or a copy of the Final Plat accompanied by a Recording of Plat
Sheet may be recorded in the Land Records of the Clerk of the Circuit
Court. Copies of the Final Plat shall be provided to the Department
of Planning & Zoning by the developer for distribution to County
and appropriate public agencies.
2.
Major Subdivisions. The Secretary to the Planning Commission is responsible
for submitting the approved Final Plat to the Clerk of The Circuit
Court for recording in the Plat Records of the Clerk of the Circuit
Court. Copies of the Final Plat shall be provided to the Department
of Planning & Zoning by the developer for distribution to County
and appropriate public agencies.
A.
No lot or parcel in a subdivision subject to these regulations shall
be transferred until:
1.
a Public Works Agreement for the road improvements has been executed
and
2.
plat recording has been completed as per Section 7-1.03.B, and
3.
the platted roads, sidewalks, and amenities (as required by final
plat or preliminary approval letter) have been completed, or the base
road construction has been completed and appropriate bond or acceptable
guarantee has been provided and accepted by the County Commissioners
for completion of roads, sidewalks, and amenities in the subdivision
or that section of the subdivision in which the lot or parcel is located.
The amount of the bond or guarantee shall be 125 percent of the estimated
cost of completing construction, for the purpose of guaranteeing to
the County that the developer will complete the construction within
such time as may be proposed by the developer and approved by the
County Commissioners. For County road specifications, see Calvert
County Road Ordinance (Chapter 104 of the Code of Calvert County).
B.
No building permits shall be issued for a structure improvement until
a Public Works Agreement for the road has been executed and plat recording
has been completed as per Section 7-1.03.B. In addition, no permit
shall be issued until the base road has been completed and inspected
by the County Engineer or, in lieu of this, an appropriate bond has
been submitted to the County Engineer as per the Calvert County Road
Ordinance (Chapter 104 of the Code of Calvert County).
[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.
A.
General
The standards and requirements outlined herein shall be considered
minimum for the promotion of the public health, safety and general
welfare.
B.
Standards
1.
In laying out a subdivision, the requirements of the County Zoning
Ordinance, the Maryland State Department of Health, the County Water
and Sewerage Plan, and other applicable regulations shall be met.
2.
Where there is a discrepancy between minimum standards or dimensions
noted herein and other official regulations, the highest standard
shall apply.
3.
Where trees, groves, waterways, scenic points, or other officially
designated County assets and landmarks are located within a proposed
subdivision, all practical means shall be taken to preserve these
features. Existing farm structures and historic structures shall be
preserved on site as required by Section 5-2.01.D.4.
C.
Subdivision Control of Unsuitable Land (Natural Resources Protection
Areas as described in Section 8-2)
1.
The Planning Commission may find land unsuitable for subdivision
or development due to features which will reasonably be harmful to
the safety, health and general welfare of the present and future inhabitants
of the subdivision and/or its surrounding areas. Those features may
include (but are not limited to) those areas described as Natural
Resources Protection Areas in Section 8-2.
2.
Development of designated Floodplain Districts shall be restricted to the uses specified in Section 8-2.03 and in accordance with erosion and sediment control plans approved by the Calvert Soil Conservation District. In addition, a minimum 10-foot setback shall be established adjacent to 100-year Floodplain areas.
3.
Each lot shall contain sufficient contiguous land not in the Protection
Areas for erection of a building or dwelling within the required setbacks
of the Zoning Ordinance.
4.
Minimum sufficient contiguous suitable land area, exclusive of steep
slopes (greater than 25 percent), buffers, forest retention areas,
septic recovery areas, and required setbacks, shall comprise not less
than 5,000 square feet for lots having individual septic systems and
3,000 square feet for lots served by a public or community septic
system.
5.
All Protection Areas and all lots which have marginal amounts of suitable land for building purposes, as described in paragraph '4' of this Section, shall be so noted on the recorded final plat. The Planning Commission or its designee may require a plot plan for review and approval prior to approval of the final plan. The plot plan shall show the location of the house footprint, driveway, well and septic, all required setbacks and buffer areas, required grading easements, as well as any other existing or proposed constraints to site development. See Section 4-4.02 for requirements for plot plans.
D.
Roads, General
1.
The arrangement, character, extent and location of all roads shall
conform to the provisions of the Transportation Element of the County
Comprehensive Plan, and shall be considered in their relation to the
existing and planned roads, to topographical conditions, to public
convenience and safety, and in their appropriate location to the proposed
uses of the land to be served by such roads.
2.
Proposed roads intersecting a State Road shall be approved for location
and grade by the State Highway Administration.
3.
Where a proposed road is not in the County Transportation Plan, it
shall be contiguous and in alignment with existing, planned or platted
roads with which it is to connect.
4.
If a portion of a tract or an adjacent tract is not subdivided, suitable
access to road openings for eventual extension of the roads shall
be provided if:
5.
Where ends of roads abut unsubdivided acreage, temporary easements
for turn-arounds shall be provided at the boundary lines.
6.
Right-of-way widths for proposed subdivision roads shall be a minimum
of 50 feet. This width may be reduced from 50 feet to 30 feet in the
following:
a.
The Farm and Forest District and Rural Community District if 10 or
fewer lots will be fronting on the proposed subdivision road.
b.
The Residential District and within clustered and Transfer Zone subdivisions
of seven or fewer lots of single-family detached homes with lots of
40,000 square feet and greater fronting on the proposed subdivision
road.
[Amended 8-5-2015 by Ord.
No. 31-15]
7.
The Planning Commission or its designee may require the incorporation
of traffic-calming devices into proposed or existing roads within
the subdivision as a means to reduce speed and increase safety. The
traffic-calming devices shall be shown on road plans and submitted
to the Department of Public Works for review and approval prior to
approval of the final plats.
8.
When a new road right-of-way that will access a new subdivision is
proposed to be created within an existing subdivision that was recorded
after June 29, 1967 and such right-of-way was not previously reserved,
platted, or recorded within the existing subdivision, then the following
criteria shall be met prior to approval by the Planning Commission:
a.
Notice of the pending application and hearings shall be published
in a County newspaper of general circulation once each week for two
successive weeks, the first such publication appearing at least 30
days prior to the hearing; and at least 30 days prior to said public
hearing notice shall be posted at all entrances to the existing subdivision.
Additional notice shall be given by U.S. Mail, First Class Postage
Prepaid, to all property owners who access their property by using
the existing rights-of-way that will connect the entrance of the existing
subdivision with the proposed new right-of-way.
b.
The Planning Commission shall find and the applicant shall demonstrate
that:,
i.
the new right-of-way is in compliance with the Comprehensive
Plan; and
ii.
the new right-of-way will not be detrimental to the use and
enjoyment of property owners in the existing subdivision; and
iii.
the new right-of-way will not be detrimental to the health,
safety or general welfare of the residents thereof.
c.
The provisions of this Section shall not apply to new rights-of-way
proposed and/or built by Calvert County or the Maryland State Highway
Administration.
9.
Road Standards - Roads shall be designed and constructed in accordance
with the Calvert County Specifications and Design Standards for Roads
and Streets.
10.
The construction and grading plans for improvements required for
site development shall be approved by the Department of Public Works
prior to recording of the final plats for the subdivision.
11.
Prior to approving a road right-of-way in a Town Center, the Planning
Commission shall hold a public hearing and notify adjacent property
owners. The public hearing notice and notice to adjacent property
owners shall contain a description of the location of the proposed
right-of-way and the date, time and place of the public hearing, and
shall comply with the requirements of Article 66B, Section 4.05(c),
as amended from time to time.
E.
Road Intersections
1.
Multiple intersections including the junction of more than two roads
shall be avoided.
2.
Roads shall be designed to intersect as nearly as possible at right
angles. No road shall intersect a road at an angle of less than 60
degrees.
3.
The number of intersecting roads along primary state highways and
County Collector and Arterial Roads shall be held to a minimum. Whenever
practical, intersections along such travel ways shall be at least
750 feet apart and lots shall be designed to front on an interior
subdivision road or service road.
4.
No road shall be approved which is so designed as to preclude adequate
sight distance at road intersections.
5.
Entrance features and signage shall not be located so as to adversely
impact required sight distance.
F.
Road Names, Signs and House Numbers
1.
Road names shall be approved by the Planning Commission, by submission
on the Preliminary Plan, to insure no confusing duplication within
the County, in accordance with Article 10, Ordinance for the Naming
and Renaming of Roads and the Assignment of Address Numbers.
2.
Road signs shall be provided and erected in accordance with the Calvert
County Specifications and Design Standards for Roads and Streets.
3.
House numbers shall be assigned in accordance with Article 10, Ordinance
for the Naming and Renaming of Roads and the Assignment of Premise
Addresses.
G.
Road Maintenance
1.
For public roads, provisions shall be made, by guarantee acceptable
to the County Commissioners or by recorded agreement between the developer
and the lot owners of the subdivision until maintenance responsibility
for the roads has been accepted by the County.
2.
Private lanes shall be non-County owned and maintained and shall
not be eligible for acceptance into the County road system for County
ownership or for County maintenance. The developer shall be responsible
for providing for the construction and the lot owners shall be responsible
for maintenance including snow removal and repairs as well as other
improvements and road service normally provided by the County.
H.
Street Lighting
All street lighting shall comply with Section 6-6. In addition,
for properties within Town Centers, street lighting shall comply with
the Town Center Master Plan and Zoning Ordinance.
I.
Road Frontage and Lots
1.
All lots shall maintain a minimum 25 linear feet of frontage on an
approved public road or private lane right-of-way.
2.
In general, side lot lines shall be at right angles or radial to
the road line.
3.
Lots excessively deep in relation to width, or lots excessively irregular
in shape are to be avoided. A proportion of three in depth to one
in width shall be considered a proper maximum.
4.
Where a lot is created fronting on an existing County road, the front
lot line shall be established at least 25 feet from the center line
of such road, and 30 feet from the center line of a designated County
collector or arterial road. The widening strip, defined as the area
between the front lot line and either the existing road right-of-way
line, or tract line within the road right-of-way, shall be dedicated
to the Board of County Commissioners for Calvert County in the form
of a deed delivered and recorded prior to or simultaneous with recording
the plat. For State roads, the front lot line setback will be in accordance
with adopted State Highway Administration plans.
5.
The Planning Commission may require sidewalks in a subdivision created
in any residential, commercial or industrial district.
a.
Sidewalks are required within Town Centers as designated by the Town
Center Master Plans and Zoning Ordinances. Outside the Town Centers,
sidewalks may be required in residential subdivisions under the following
circumstances:
i.
in subdivisions of 50 lots or more, in subdivisions that are
part of a phased community, or in subdivisions that are linked to
existing subdivisions by a road system that supports an existing sidewalk
system;
ii.
in subdivisions where the lot sizes average less than one acre;
iii.
in subdivisions where RD-5 road construction is required; or
iv.
in subdivisions that contain recreation or amenities that encourage
pedestrian activities.
b.
In cases where sidewalks are required, the following guidelines shall
apply:
i.
The preference is for sidewalks to be constructed with a closed
section (curb and gutter) road design.
ii.
Sidewalks within the County rights-of-way are preferable and
acceptable to the Department of Public Works provided a maintenance
agreement is recorded that specifies that the individual property
owner (rather than a property owners' association) is responsible
for the maintenance of the sidewalk in perpetuity.
iii.
Trees should not be planted adjacent to the sidewalks (especially
between the curb and sidewalks), but rather should be planted outside
of the rights-of-way on the individual lots.
J.
Approvals of Family Conveyance of Lots Served by Private Roads
The Planning Commission or its designee, may approve family
conveyance subdivisions of land provided it is demonstrated that compliance
with the easement or right-of-way width requirements herein is impractical
because of acquisition constraints, and the following requirements
are met:
[Amended 8-5-2015 by Ord.
No. 31-15; 4-26-2017 by Ord. No. 15-17]
1.
Any lot created under this Section shall only be conveyed to a family
member of the grantor being: spouse, parent, child, grandchild, grandparent,
sibling, or the child of a sibling; or where the parcel is undeveloped,
the grantor may create a family conveyance lot for oneself. Legal
documentation affirming the owner's relationship to the grantor (other
than self) must be submitted to the Department of Community Planning
& Building as part of the preliminary plan application. Acceptable
forms of legal documentation shall include: birth, death and/or marriage
certificates, or other valid government issued identification.
2.
Only one (1) set of family conveyance rights may be derived from
any parcel of record as of April 22, 1980, regardless of whether the
parcel is held by Tenants in Common or Joint Tenants. The number of
family conveyance lots conveyed shall be limited to one (1) per family
member as of April 22, 1980. A notarized Family Conveyance Affidavit
shall be executed by the owner creating the family conveyance lot
affirming that the assigned grantee is an eligible family member as
defined under Section 7-1.06.J.1. and has not received any other lots
from the parcel of record as of April 22, 1980. The Affidavit shall
be submitted with the preliminary plan application. The family conveyance
lot shall also be identified as such on the final plat and the Affidavit
shall be shown on the final plat and signed by the grantor.
3.
Family conveyance lots may be created under this Section from any
parcel of record as of April 22, 1980, with access from a private
road, subject to the following provisions:
a.
The subdivision and family conveyance lots must meet the density
and minimum lot area requirements set forth under Article 5 of the
Calvert County Zoning Ordinance.
b.
In addition to an existing house on the residue, up to three (3)
family conveyance lots may be created from the parcel of record as
of April 22, 1980. Except as provided under Section 7-1.06.J.3.c.,
the maximum number of lots and/or buildable parcels served by the
private road shall not exceed ten, including the proposed lot and
the private road meets the Family Conveyance Road Standards set forth
in the Calvert County Road Ordinance. The number of lots and/or buildable
parcels served by the private road shall be determined by the Department
of Public Works.
c.
The first family conveyance lot created after the adoption of this
Section from a parcel of record as of April 22, 1980, may be created
regardless of the number of existing lots and/or buildable parcels
served by the private road and without upgrading the road to meet
Calvert County public or private road construction standards. The
construction standards for driveway to serve the lot shall be as prescribed
by the Department of Public Works.
4.
Any lot created by family conveyance under this Section shall also
be subject to the following conditions of transfer:
a.
The grantor must convey ownership of the lot, to the assigned grantee
listed in the Family Conveyance Affidavit on the recorded final plat
by deed, before any further transfer can take place.
b.
The assigned grantee may not subsequently transfer the family conveyance
lot to any other person or entity, for a minimum period of seven (7)
years from the recording date of the deed transferring ownership from
the grantor to the grantee, except as provided under Sections 7-1.06.J.4.c.
or 7-1.06.J.5.
c.
A grantee may within the first seven (7) years of ownership, transfer
a family conveyance lot to another eligible family member as defined
under Section 7-1.06.J.1., provided that the Family Conveyance Affidavit
on the final plat is revised to reflect the newly assigned grantee
prior to transfer. The newly assigned grantee must also complete the
seven (7) year ownership requirement of the first grantee or meet
the requirements of sub-paragraph 5 of this Section, prior to transfer
of the family conveyance lot.
d.
Any deed for a family conveyance lot created under this Section shall
contain a covenant that the lot is subject to Section 7-1.06.J.1.-12.,
of the Calvert County Zoning Ordinance.
e.
This Section does not prevent the transfer of a family conveyance
lot to a third party as security for a mortgage or deed of trust.
5.
Subsequent to meeting the requirements of Section 1.06.J.4.a., transfer
of a family conveyance lot by the assigned grantee to any person(s)
or entity other than another eligible family member as set forth under
Section 7-1.06.J.1., within the required seven (7) year ownership
period may be permitted, if the following provisions are met prior
to transfer:
a.
The grantee must submit a written request to the Planning Commission
Administrator, explaining the reasons for the transfer. The Planning
Commission or its designee, must review the request and determine
that the change in circumstances warrants an exception to the ownership
requirements as set forth in Section 7-1.06.J.4. The change in circumstances
may include but is not necessarily limited to: a significant or long
decline in health, long term military or professional transfer, divorce,
or death. As part of the written request, the grantee shall also provide
the following:
i.
Documentation that a change in circumstances has occurred.
ii.
A notarized affidavit affirming that the lot was created as
a bona fide family conveyance lot and not with the purpose or intent
of ultimate sale for profit; and attest to the truth of the change
in circumstances for requesting a family conveyance ownership exception.
b.
A family conveyance lot that must be transferred or sold as a result
of foreclosure or court order is exempt from meeting Section 7-1.06.J.4.b.-c.
and 5.a.
6.
Family conveyance lots created under this Section may only be created
from parcels of record as of April 22, 1980. The family conveyance
rights shall run with the parcel of record regardless of ownership.
a.
In cases where the parcel of record as of April 22, 1980 has been
further subdivided, any unused family conveyance rights shall remain
with the residue of the parcel of record.
b.
An owner of the parcel of record or its residue, may assign unused
family conveyance rights by deed, but only to another property that
was derived from the parcel of record as of April 22, 1980, or its
residue.
c.
A Certificate of Title may be required to verify a parcel's eligibility
to create family conveyance lots, or the number of family conveyance
rights remaining with any property claiming such rights.
d.
Only one (1) set of family conveyance rights may be derived from
any parcel of record as of April 22, 1980, regardless of whether the
parcel is held by Tenants in Common or Joint Tenants. In addition,
only one (1) lot may be granted to any one (1) family member from
the parcel of record as of April 22, 1980.
e.
If there is a question regarding the eligibility of a parcel to create
family conveyance lots, the burden of proof shall be on the property
owner. Decisions concerning eligibility are to be made by the Zoning
Officer and final decisions of the Zoning Officer may be appealed
to the Board of Appeals, in accordance with Article 11.
7.
The use of family conveyance lots created under this Section shall be restricted to single-family detached dwellings, except that Agricultural, Agritourism, Ecotourism and Heritage Tourism uses on such lots may be permitted subject to meeting the requirements of Sections 3-1.01 and 3-1.02 of the Calvert County Zoning Ordinance, the Calvert County Road Ordinance and the Calvert County Construction Standards for Roads, Streets and Incidental Structures, as amended from time to time, or as otherwise approved by the Department of Public Works.
8.
The proposed road access shall be private, non-county owned and maintained
and shall not be eligible for acceptance into the County road system
for County ownership or for County maintenance. A notation of such
restrictions shall be placed on the plat and signed by the property
owners. The owners of the family conveyance lot shall be responsible
for providing for road construction. Road maintenance, including snow
removal and repairs and other improvements, as well as road services
normally provided by the County, shall be the responsibility of all
lot owners accessing the private road. If and when there is a desire
to make the existing private road subject to the family conveyance
easement into a County road, it shall be upgraded to County Road Standards
as set forth in the Road Ordinance (Chapter 104 of the Code of Calvert
County) and this Article, in effect at the time of said upgrading.
The cost of design, construction and bonding for any upgrades shall
be borne by the lot owners abutting such roadway prior to acceptance
by the County. If upgraded to County (non-private) road standards,
such upgrading shall be for the entire limit of the road to the nearest
County or State road.
9.
A Family Conveyance Easement or Right-of-Way shall be provided from
the family conveyance lot to a State or County road for access purposes
for all lots created under this Section.
a.
After the creation of the first Family Conveyance lot, a Family Conveyance
Easement or Right-of-Way shall be provided to a minimum 30 feet width,
or as otherwise approved by the Department of Public Works and shall
be shown and noted on the final plat. The deed for the Family Conveyance
Easement or Right-of-Way shall be made to the benefit of the lot owners
and shall be submitted for recordation with the final plat.
b.
A maintenance agreement for the Family Conveyance Easement or Right-of-Way
shall be submitted for recordation with the final plat; unless, waived
or otherwise required by the Department of Public Works.
10.
Construction standards and requirements within the Family Conveyance
Easement or Right-of-Way shall comply with the Calvert County Road
Ordinance and the Calvert County Construction Standards for Roads,
Streets and Incidental Structures as amended from time to time, or
as otherwise approved by the Department of Public Works.
11.
Private roads serving family conveyance lots shall be named. The
road name must be approved by the Calvert County Planning Commission
or its designee, in accordance with Section 7-1.06.F., and Article
10 of this Ordinance. The road name shall be posted by the lot owner(s)
at their own expense, as specified by the Calvert County Road Ordinance
and Calvert County Construction Standards for Roads, Streets and Incidental
Structures.
12.
Unless a traffic hazard exists or the additional lots will create
such, or unless the topography is such as to require drainage easements
or other surface treatment requirements, no additional road improvements
will be required as part of the subdivision approval.
K.
Approvals of Private Roads for Non-Residential Subdivisions
When the Director of Planning and Zoning or his designee and
the Director of the Department of Engineering or his designee find
that the safety and welfare of the public is best served, they may
approve privately owned roads in non-residential subdivisions in lieu
of shared driveways or a public road. The privately owned roads in
non-residential subdivision must meet the following conditions:
1.
They shall meet the standards on Plate RD-8A or 8B of the Calvert
County Construction Standards for Roads, Streets and Incidental Structures,
as amended from time to time.
[Amended 8-5-2015 by Ord.
No. 31-15]
2.
Access shall be provided to a State or County road meeting the standards
of the Calvert County Road Ordinance (Chapter 104 of the Code of Calvert
County).
3.
The proposed privately owned road shall serve a maximum of seven
lots, including developed parcels and parcels eligible to obtain a
building permit.
[Amended 8-5-2015 by Ord.
No. 31-15]
4.
The proposed privately owned road shall be private, non-County owned
and maintained and shall not be eligible for acceptance into the County
road system for County ownership or for County maintenance. A notation
of such restriction shall be placed on the plat and signed by the
property owners. The right of ingress and egress extends to all lots
created. The lot owners shall be responsible for providing for road
construction and maintenance including snow removal and repairs as
well as other improvements and road services normally provided by
the County. If and when there is a desire to make this right-of-way
a County road, it shall be upgraded to County Road Standards as set
forth in the Road Ordinance (Chapter 104 of the Code of Calvert County)
and this Article in effect at the time of said upgrading. The cost
of design, construction and bonding shall be borne by the lot owners
abutting such road way prior to acceptance by the County. If upgraded
to County standards, such upgrading shall be for the entire limit
of the road to the nearest County or State road.
5.
After approval of the subdivision, the final plat for the new lot
shall show that:
6.
No lot or parcel in a subdivision subject to these regulations shall
be transferred until a Public Works Agreement for the road improvements
has been recorded and plat recording has been completed as per Section
7-1.03.B, and the platted roads and sidewalks (as required by final
plat or preliminary approval letter) have been completed and appropriate
bond or acceptable guarantee has been provided and accepted by the
County Commissioners for completion of roads and sidewalks in the
subdivision or that section of the subdivision in which the lot or
parcel is located. The amount of the bond or guarantee shall be 125
percent of the estimated cost of completing construction, for the
purpose of guaranteeing to the County that the developer will complete
the construction with such time as may be proposed by the developer
and approved by the County Commissioners.
L.
Approval of Private Lanes in Single-Family Residential Communities
(Non-Family Conveyance Subdivisions)
When the Director of Community Planning and Building or his
designee and the Director of the Department of Public Works or his
designee find that the safety and welfare of the public is best served,
they may approve private roads in single-family detached residential
communities in lieu of a public road. Private roads in single-family
residential communities are to be known as private lanes and must
meet the following conditions:
[Amended 8-5-2015 by Ord.
No. 31-15; 4-26-2017 by Ord. No. 15-17]
1.
They shall meet the standards for private lanes per the Calvert County
Road Ordinance and the Calvert County Construction Standards for Roads,
Streets and Incidental Structures as amended from time to time.
2.
The proposed private lane shall serve no more than seven (7) lots,
including developed lots or parcels or those parcels eligible to obtain
a building permit.
3.
The use of such lots shall be restricted to single-family detached
dwellings or agricultural purposes as long as the private lane remains
private.
4.
The proposed private lane shall be private, non-County owned and
maintained and shall not be eligible for acceptance into the County
road system for County ownership or for County maintenance. A notation
of such restriction shall be placed on the plat and signed by the
property owners. The developer shall be responsible for providing
for road construction. Road maintenance, including snow removal and
repairs and other improvements, as well as road services normally
provided by the County, shall be the responsibility of all lot owners
accessing the private lane. The cost of the design, construction and
bonding shall be borne by the developer. If and when there is a desire
to make the private lane a County road, it shall be upgraded to County
Road Standards as set forth in the Road Ordinance (Chapter 104 of
the Code of Calvert County) and this Article, in effect at the time
of said upgrading. The cost of design, construction, and bonding for
any upgrades shall be borne by the lot owners abutting such roadway
prior to acceptance by the County.
6.
No lot or parcel in a subdivision subject to these regulations shall
be transferred until a Public Works Agreement for the road improvements
has been executed and plat recording has been completed as per Section
7-1.03.B. and the platted roads and sidewalks (as required by final
plat or preliminary approval letter) have been completed and appropriate
bond or acceptable guarantee has been provided and accepted by the
County Commissioners for the completion of roads and sidewalks in
the subdivision or that section of the subdivision in which the lot
or parcel is located. The amount of the bond or guarantee shall be
125 percent of the estimated cost of completing construction, for
the purpose of guaranteeing to the County that the developer will
complete the construction within such time as may be proposed by the
developer and approved by the County Commissioners for County road
specifications, see Calvert County Road Ordinance (Chapter 104 of
the Code of Calvert County).
M.
Storm Drainage Systems
1.
Storm drainage systems shall be provided and constructed in accordance
with the Calvert County Specifications and Design Standards for Roads
and Streets.
2.
Perpetual drainage easements shall be shown on the Preliminary Plan
where a natural water course (stream) exists and where natural or
road drainage is located or is proposed.
N.
Water and Sewer Systems
1.
Prior to submittal of the preliminary subdivision application, any
proposed subdivision to be served by a water and sewer system shall
be in the correct water and sewer allocation category for the type
of system intended to serve the development.
2.
All existing and/or proposed water and sewer infrastructure and easements
required for site development shall be shown on the submitted preliminary
plan. Any land intended to be conveyed to the County for the provision
of public water and/or sewer infrastructure shall also be shown on
the preliminary plan.
3.
Water and sewer construction plans shall be submitted to the Department
of Public Works, Bureau of Utilities for review and approval prior
to approval of the final subdivision plats.
4.
Deeds for any required land and/or easements required as part of
the water and sewer plan approval shall be provided with the final
plat for recording by the Department of Planning and Zoning.
5.
Water and sewer systems shall be constructed in accordance with the
Calvert County Standard Details of Water and Sewer Systems. A Public
Works Agreement for the required water and sewer system shall be executed
prior to the issuance of any grading or building permits.
6.
No subdivision plat shall receive final approval unless the applicant
demonstrates that Section 9-512 of the Environmental Article of the
Annotated Code of Maryland has been met.
O.
Non-Residential Subdivisions
1.
Subdivisions which are non-residential in nature, such as commercial and industrial developments, shall conform to the standards established in the Calvert County Zoning Ordinance and the Calvert County Code, Chapter 3, Adequate Public Facilities Requirements, as amended from time to time.
[Amended 11-30-2022 by Ord. No. 49-22]
2.
The developer shall demonstrate to the satisfaction of the Planning
Commission that the road, parcel and block pattern is specifically
adapted to the uses anticipated and takes into account existing and
proposed uses in the vicinity.
3.
Alleyways with a minimum width of 30 feet may be required at the
rear of all lots designated for commercial or industrial use, so as
to provide access for service and delivery and emergency vehicles.
4.
A concept plan of the proposed subdivision shall be submitted in
accordance with Section 7-1.07.A.
5.
Non-residential parcels that were created by deed after the adoption
of the Subdivision Regulations (April 4, 1972) must obtain final subdivision
approval from the Planning Commission prior to the issuance of any
building permits for site development.
6.
Residue
created as a result of a non-residential subdivision may be further
subdivided. The remainder of a parcel or tract of land may be subdivided
for nonresidential agricultural purposes, including, but not limited
to, a farm stand, agricultural processing plant, or other farm related
uses as defined under Articles 3 and 12. The owner may apply for approval
of an on-site sewage disposal system to serve the nonresidential agricultural
purposes.
[Added 8-5-2015 by Ord.
No. 31-15]
P.
On-Site Recreational Requirements
1.
Subdivisions with 50 or more lots shall provide neighborhood recreation
on site. A minimum of 800 square feet per dwelling unit of land suitable
for active recreational development shall be provided for neighborhood
recreation of which a minimum of 200 square feet per dwelling unit
shall be developed as follows:
a.
It shall not contain any sensitive environmental features, including
but not limited to floodplains, steep slopes, wetlands, or wetland
buffers, waters of the United States, erosive soils, or other types
of environmental preservation areas such as forest retention afforestation,
front roadway buffers, and conservation areas.
b.
The finished parcel shall be no more than 25 percent of the required
wooded area with slopes of no greater than 15 percent, with good drainage;
c.
Playing fields shall be visible from some of the residential units
they are intended to serve;
d.
The land must be accessible to children without crossing arterials
or collector roads;
e.
The land shall not be adjacent to public roads unless physical barriers
adequate to prevent children from running out into roads are provided.
2.
Playing fields shall be provided in addition to the above requirements
for recreation areas. Playing fields shall be graded at the time of
base road construction and shall be installed when building permits
have been issued for 50 percent of the houses within each phase of
the subdivision.
a.
Purpose:
to provide for play close to home designed for children ages
seven to 15. May also serve as net games area, "village greens", and
community house lawns.
c.
Method of calculating required number of fields:
i.
Multiply total number of units by 150 square feet. Divide total
by 10,000 square feet. The total number of required playing fields
equals the whole number in the dividend. The remaining acreage is
to be applied to other active recreation areas.
ii.
Example: 100 units multiplied by 150 square feet equals 15,000
square feet. 15,000 square feet divided by 10,000 equals 1.5, which
equates to one playing field. Remaining 5,000 square feet is to be
applied to other active recreation areas.
d.
Exceptions:
Variations in sizes and dimensions of playing fields may be
approved provided they meet the purpose and criteria listed above.
3.
Paved area containing 50 square feet per unit (minimum 2,500 square
feet) shall be provided as part of the above requirements for recreation
areas. Paved areas shall be graded at the time of base road construction
and shall be installed when building permits have been issued for
50 percent of the houses within each phase of the subdivision.
a.
Purpose:
To provide facilities and space for basketball practice, handball
practice, shuffleboard, roller skating, outdoor dances, formal net
games. All ages, primarily 10 years to adult.
b.
Minimum standards:
i.
half court: 50 feet by 42 feet (or 2,100 square feet); whole
court: 50 feet by 84 feet (or 4,200 square feet)
ii.
Construction and materials specifications to be approved by
the Department of Planning and Zoning.
iii.
Must be visible from residential units and/or public areas.
Must have good drainage.
c.
Equipment:
i.
half court - one basketball backboard and net; post holes for
net games, and permanent seating for a minimum of six persons.
ii.
whole court - two basketball backboards and nets; post holes
for net games, and permanent seating for a minimum of nine persons.
iii.
north/south orientation is strongly encouraged.
d.
Lighting:
When more than three paved areas are required, one shall be
lighted. Paved areas and lighting shall be included in the public
works agreement and graded at the time of base road construction and
completed with the final road surface pavement. All outdoor lighting
shall comply with Section 6-6, Outdoor Lighting Ordinance.
e.
Exceptions:
Variations in size and dimensions may be approved provided they
meet the purpose and criteria listed above.
4.
Other Recreation Areas
The remaining required acreage may be utilized to provide a
variety of recreational facilities including but not limited to: fishing
piers, waterfront parts, outdoor theater/concert areas, gazebos, racquet
courts, tennis courts, fitness trails, garden plots, playgrounds,
handball courts, shuffle board, putting greens, or lap pools. Approval
will be based on appropriateness to the age groups and population
to be served, location and construction and maintenance standards.
5.
Maintenance
a.
When lands or facilities are deeded to and accepted by the County,
development, supervision and maintenance of such areas shall be the
responsibility of the County.
b.
When areas are reserved for common use by all property owners in
the subdivision, covenants and Homeowners' Association documents shall
be provided for recordation with the final plats that shall provide
for construction (by the developer), supervision and maintenance of
such areas.
6.
Land dedicated as open space shall be shown on the final plat as
provided in Section 7-1.07.C.3.n.
Q.
Buildable Residue
[Amended 12-9-2006; 8-28-2007]
1.
The buildable residue, if any, in a recorded subdivision shall be
labeled as such on the subdivision plat and shall meet the following
conditions in order to be labeled as buildable residue:
2.
Parcels which do not meet the conditions of paragraph '1' of this
Section shall be labeled as non-buildable residue on the subdivision
plat.
3.
The designation of a property as a buildable residue shall not be
construed as a guarantee that the future subdivision of the buildable
residue will be approved. Subdivision of the buildable residue shall
be subject to the regulations in effect at the time it is subdivided.
4.
Residue shown on a subdivision plat recorded prior to December 9,
2006 shall not be deemed buildable unless it met the size, density,
dimension, and other requirements of this Ordinance at the time the
subdivision was recorded. If the parcel is to be served by a private
well and/or septic system, all required approvals by the Health Department
shall be obtained.
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.
3.
The plan shall also indicate:
a.
all applicable zoning districts and district overlays with acreages
for each,
b.
gross tract acreage,
c.
wetland acreage,
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[1], (Bureaus of the Department of Public Works); Department
of Economic Development;[2] State Highway Administration[3]; Health Department[4]; and the appropriate electric utility serving the area.
[1]
Only if the subdivision application indicates the use of a
community water and/or sewerage system.
[2]
Only if the application is for a commercial or mixed-use subdivision.
[3]
Only if the application is located on an existing or proposed
State road.
[4]
Only if the subdivision is subject to Section 5-1.03.C.3.a
of the Calvert County Zoning Ordinance and contains lots of less than
one acre in size.
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:
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:
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."
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10.
Fees
Fees for submission of a Final Subdivision Plat for approval
shall be as adopted by the Calvert County Commissioners by resolution.
A.
General
Plans for improvements and amenities, either proposed by the
Developer or required by County or State regulations, shall be prepared
by the Developer for approval by the appropriate public authorities
and review agencies prior to approval of the final plat.
B.
Bonding of Improvements and Amenities
No building permits shall be issued until an appropriate bond
or acceptable guarantee has been provided and accepted by the County
for completion of roads, sidewalks, lighting, recreational facilities,
landscaping, and amenities in the subdivision or that section of the
subdivision in which the lot is located, in accordance with Section
7-1.04.A.3.
C.
If a separate site plan is required for development of the subdivision,
then the requirements of the improvement plan may be addressed through
site plan review and approval by the Planning Commission or its designee.
D.
Construction
All construction work or improvements required by the subdivision
approval and/or improvement plan shall be subject to inspection during
construction, and to approval by appropriate public authorities upon
completion of construction.
E.
Permanent Reference Monuments.
Permanent reference monuments of stone or concrete, shown thus,
Δ, at least 36 inches in length and four inches square with
suitable center point shall be set flush with the ground at finish
grade as required by Article 17 of the Annotated Code of Maryland
(1957) as amended. A metal pipe three-quarters of an inch in diameter
and at least 24 inches in length, shown thus, Δ, shall be located
in the ground, flush at finish grade, at all intersections of roads,
intersections of roads and alleys with plat boundaries, and at all
points on roads, alleys and boundary lines where there is a change
in direction or curvature and at all lot corners.
A.
Modification of Requirements
Where in the case of a particular proposed subdivision, it can
be shown that strict compliance with the requirements of this regulation
would result in extraordinary hardship to the developer because of
unusual topography or shape of the parcel, or other such non-self-inflicted
condition, or that these conditions would result in inhibiting the
achievement of the objectives of these regulations, the Planning Commission
may, after consultation with appropriate agencies, vary, modify, or
waive the requirements so that substantial justice may be done and
the public interest secured; provided, that such variance, modification
or waiver will not have the effect of nullifying the intent and purpose
of this regulation or interfering with carrying out the Comprehensive
Plan of Calvert County. In no case shall any variation or modification
be more than a minimum easing of the requirements and in no instance
shall it conflict with any zoning ordinance or zoning map. In granting
variances and modifications, the Planning Commission may require such
conditions as will, in its judgment, secure substantially the objectives
of the requirements so varied or modified.
B.
Revisions to Final Plats (Replattings)
1.
If the applicant proposes changes to the approved final plat, an
amended plat of subdivision shall be filed with the Secretary to the
Planning Commission for review and approval, approval with conditions,
or disapproval by the Planning Commission or its designee, and recorded.
If the proposed amendment alters recreation area or common open space[1] within a particular section or phase and lot owners of
that section or phase possess a vested interest in the recreation
area or common open space through a specific grant by deed, plat,
or other document recorded among the land records, then the application
to the Planning Commission shall be signed by all property owners
in that section or phase. If the subdivision is not recorded in sections
or phases, then all property owners having a vested interest in the
recreation area or common open space shall sign the application.
[1]
As defined by Black's Law Dictionary, 1983, 5th Ed., Henry
Campbell Black, St. Paul, Minnesota, West Publishing Co.
2.
Replattings are required for any changes to the record plat that
affect a lot or parcel including, but not limited to: lot line adjustments,
easements, lateral line revisions, removal of a previously recorded
condition and/or note, etc. Such revisions shall be drawn by a licensed
surveyor and reviewed by the Department of Planning and Zoning and
other County, State and Federal agencies. After all approvals, the
plat may then be recorded in the Land Records of Calvert County.
3.
The Department of Planning and Zoning shall maintain a policy for
processing replattings, including a checklist of submittal requirements.
4.
Except
as provided in Section 7-1.06.O of this Article, when the tract or
parcel of land that is subdivided after October 1, 2012 reaches the
maximum total number of lots, plats, building sites or other divisions
of land that are allowed as a residential minor subdivision, the subdivision
plat shall state that: The residential minor subdivision may not be
resubdivided or further subdivided and the subdivision plat is subject
to State Law and local ordinances and regulations.
[Added 8-5-2015 by Ord.
No. 31-15]
C.
Fees
Fees for the review of revisions to final recorded plats shall
be as set forth by the Board of County Commissioners by resolution.
A.
Separability
It is hereby declared to be the legislative intent that if a
court of competent jurisdiction declares any provision of these regulations
to be invalid, or ineffective in whole or in part, the effect of such
decision shall be limited to those provisions which are expressly
stated in the court decision to be invalid or ineffective, and all
other provisions of these regulations shall continue to be separately
and fully effective.
B.
Changes and Amendments
1.
These regulations may from time to time be amended, supplemented,
changed, modified or repealed by the County Commissioners.
2.
Any person or officer, department, board, commission or bureau of
the County may petition for such change or amendment; however, no
such change or amendment shall be presented to the County Commissioners
for approval until the Planning Commission has held a public hearing
in relation thereto, at which parties of interest and citizens shall
have an opportunity to be heard. At least 14 days notice of the time
and place of such hearing shall be published in newspapers of general
circulation in the County. After said public hearing, the Planning
Commission shall forward to the County Commissioners its recommendation
concerning such change and amendment.
3.
Upon receipt and prior to taking action on such change or amendment,
and accompanied by a recommendation from the Planning Commission,
the County Commissioners shall schedule a public hearing in relation
thereto; at least 14 days notice of the time and place of such hearing
shall be published in newspapers of general circulation in the County.
4.
The above-described hearings may be held jointly or separately by
the respective Commissions at the discretion of the Board of County
Commissioners.
[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.
