A.
Development plan. A landowner or
group of landowners whose lots are in Agricultural
(AG) and/or Countryside (CS) Zoning Districts, but are not contiguous,
may file a development plan under Part 7 of this Chapter 18:1 in the same manner as the owner of a single lot. The decision to use the noncontiguous development technique must be made at the time of the initial major
subdivision application.
[Amended 9-7-2004 by Ord. No. 04-28; 8-9-2011 by Ord. No.
11-12]
B.
Open space.
(1)
The open space ratio of the appropriate
district shall apply to all land within the overall development
plan, rather than separately to the developed parcel and noncontiguous parcel.
[Amended 9-7-2004 by Ord. No. 04-28]
(2)
The minimum open space ratio for
the developed parcel is .50.
(3)
Net buildable area and open
space.
(a)
After the date of adoption of this Chapter 18, if a landowner proposes a noncontiguous development, pursuant to this article, the net buildable area and open space on the developed parcel may be identified and set aside only in accordance with the following
two-step phasing schedule:
|
Developed Parcel — Net
Buildable Area
|
Developed Parcel — Open Space
| |
|---|---|---|
|
Phase 1
|
Not to exceed 0.30
|
Minimum of 0.50
|
|
Phase 2
|
Not to exceed 0.50
|
Minimum of 0.50
|
(b)
The open space provided on
the developed parcel during Phase 1 of the development shall be labeled "Noncontiguous Open Space Phase
1" and may be reduced and administratively reconfigured during Phase
2 of the project as necessary.
C.
Base site area. For the purpose of
computing base site area, the area of the noncontiguous parcel and the developed parcel shall be combined.
D.
Density and lot line setbacks.
(1)
The developed parcel shall use a density of no more than 0.9 of a dwelling unit per acre.
(2)
For any developed parcel 50 acres in area or less, all new lots shall
be located at least 100 feet from the property lines of the developed parcel as they existed prior to submittal of the development plan.
(3)
For any developed parcel greater
than 50 acres in area, all new lots shall be located at least 50 feet from the property line of the developed parcel as they existed prior to submittal of the development plan.
[Added 8-2-2005 by Ord. No. 05-12[1]]
[1]
Editor's Note: This ordinance also renumbered
former Subsection D(3) as D(4), which follows.
(4)
All new lots on a developed
parcel shall be located at least 100 feet from the nearest
public road that exists prior to submittal of the development plan.
[Amended 8-2-2005 by Ord. No. 05-12]
E.
[2]Resource protection land. Natural resources shall be protected
at the required percentage on the developed parcel and noncontiguous parcels.
[Amended 9-7-2004 by Ord. No. 04-28]
F.
Noncontiguous parcel.
(1)
May be less than all of a lot of record, however, the area of the noncontiguous parcel used
must be at least 40 acres in size or constitute at
least 1/2 of the total area of the lot of record,
whichever is less.
(2)
Meets the following soils criteria as per the 1966
Soils Survey of Queen Anne's County:
[Amended 9-7-2004 by Ord. No. 04-29[
(a)
At least 50% of the land shall classify as Class
I, II or III soils; or
(b)
If the land is wooded, 50% of the land is classified
as woodland Group 1 or 2; or
(c)
If there is an insufficient percentage of Class
I, II or III soils alone and there is an insufficient percentage of woodland Group 1 or 2 soils alone, the land must have a
combination of the classifications that meets or exceeds 60%.
(3)
Plats of the noncontiguous parcel must provide the location of all existing buildings.
(4)
Upon approval of a development plan, the noncontiguous parcel:
A.
Duties of property owner. In addition to any other requirements of this Chapter 18, including those relating to required improvements, guarantees and other covenants, a property owner involved in an application shall,
prior to any approval of a development plan, provide covenants by which land required to remain in open
space is restricted to the uses allowed in § 18:1-12 of this Chapter 18:1.
