Queen Annes County, MD Article XIX Noncontiguous Development

§ 18:1-97 Scope.

A. This article applies only within the AG District, the noncritical area CS District and to subdivisions utilizing the noncontiguous development technique after the adoption of this Chapter 18.

B. For approved subdivisions utilizing noncontiguous development prior to July 25, 1999, refer to § 18:1-7H.

§ 18:1-98 Application and standards.

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]

(1) Total resource protection land shall be calculated for the developed parcel and noncontiguous parcel, as if combined.

(2) Natural resources shall be protected at the required percentage on the developed parcel and noncontiguous parcels, as if combined.

[2] Editor’s Note: Former Subsection E, Developed parcel screening requirements, added 8-2-2005 by Ord. No. 05-12, was repealed 10-9-2012 by Ord. No. 12-09. Ordinance No. 12-09 also redesignated former Subsections F and G as Subsections E and F, respectively.

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) May not be subdivided or reconfigured;

(b) Shall be deemed open space and shall be limited to only those uses allowed pursuant to Column A of the open space table in § 18:1-12 of this Chapter 18:1; and

(c) Shall not be used in connection with any determination of site area or density, except as may be necessary in determining the amount of deed restricted open space required by the development plan.

§ 18:1-99 Requirements for approval; covenants.

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.

B. Covenants. The covenants shall conform to the requirements of Chapter 18:1, Part 7, Article XXVII.