This chapter shall be known as the "Caroline
County Subdivision Regulations."
This chapter is adopted for the following purposes:
A. To protect and provide for the public health, safety
and general welfare of the citizens of Caroline County.
B. To guide the future growth and development of Caroline
County in accordance with the Comprehensive Plan.
C. To provide for adequate light, air and privacy; to
secure safety from fire, flood and other danger; and to prevent overcrowding
of the land and undue congestion of population.
D. To protect the character, to maintain the social and
economic stability and to encourage the orderly and beneficial development
of all parts of Caroline County.
E. To protect and conserve the value of land, buildings
and improvements upon the land; to minimize conflicts among the uses
of land and buildings; and to provide the most beneficial relationship
between the uses of land and buildings.
F. To guide public and private policy and action in order
to provide adequate and efficient transportation, water, sewerage,
schools, fire and police protection, solid waste, parks, playgrounds,
recreation and other public requirements and facilities.
G. To avoid congestion of streets and highways and to
provide for the proper location and width of streets and building
lines.
H. To establish reasonable standards of design and procedures
for subdivisions and resubdivisions in order to further the orderly
layout and use of land and to ensure proper legal descriptions and
monumenting of subdivided land.
I. To ensure that public facilities are available and
will have sufficient capacity to serve the proposed subdivision.
J. To prevent the pollution of air, rivers, streams and
ponds; to assure the adequacy of drainage facilities; to safeguard
the water table; and to encourage the wise use and management of natural
resources throughout Caroline County.
K. To preserve the natural beauty and topography of Caroline
County and to ensure appropriate development with regard to these
natural features.
L. To provide for open spaces through the most efficient
design and layout of development consistent with density standards
as established in the Zoning Ordinance.
This chapter shall apply to the unincorporated
area of Caroline County, Maryland.
Whenever any provisions of this chapter conflict
with any other provisions of law, whether set forth in this chapter
or contained in any restrictions covering any of the same subject
matter, that provision which is more restrictive or imposes the higher
standards or requirements shall govern. Such determination shall be
made by the Planning Commission.
[Amended 7-28-1992 by Ord. No. 92-003]
Where the Planning Commission finds that because
of unusual circumstances of shape, physical surroundings, topography
or other physical features or conditions of the proposed subdivision,
or because of the nature of adjacent developments, extraordinary hardship
may result from strict compliance with this chapter, there may be
granted a waiver or variance of this chapter when requested by the
Subdivider.
A. Variances. The Planning Commission shall not approve
any variance unless it makes findings based on the evidence presented
to it in each specific case that:
(1) The granting of the variance will not be detrimental
to the public safety, health, or welfare or injurious to other property.
(2) The conditions upon which the request for a variance
is based are unique to the property for which the variance is sought
and are not applicable generally to other property.
(3) The variance will not in any manner conflict with
the provisions of the Zoning Ordinance or Comprehensive Plan.
B. Waivers.
[Amended 7-1-1997 by Ord. No. 97-005]
(1) The provisions of this chapter may be waived by the
Planning Commission where:
(a)
A portion of a lot, tract or parcel of land
owned by a religious, charitable, educational or philanthropic organization
is to be conveyed, assigned or leased to a similar religious, charitable,
educational or philanthropic organization to be used for religious,
charitable, educational or philanthropic purposes; or
(b)
A portion of a lot, tract or parcel of land
is to be used only for conservation and recreational open space purposes
and no residential, commercial or industrial development is allowed
and the property owner agrees not to construct any buildings or structures
on the land unless the Planning Commission first has approved the
proposed construction. Conservation and open space areas shall be
maintained so that the use and enjoyment as open space is not diminished
or destroyed. Conservation and open space areas may be owned or preserved
by:
[1]
Dedication to the County or an appropriate public
agency, if there is a public agency willing to accept the dedication.
[2]
Common ownership by a duly established homeowners'
association which assumes full responsibility for its maintenance.
[3]
Dedication of development rights may be made
to an appropriate public agency with ownership of the land remaining
with the property owner or homeowner's association. Maintenance responsibility
shall remain with the property owner or homeowners' association.
[4]
Deed-restricted private ownership which shall
prevent development and/or subsequent subdivision of the land. Maintenance
responsibility shall remain with the property owner.
(c) A portion of a lot, tract, or parcel of land is to be used for the
construction of a new residential or commercial structure without
performing the required subdivision as part of a negotiated plan between
or among the property owner, the County, and/or a bona fide third
party having as one of its principal purposes the preservation of
historically significant properties (a preservation entity), to preserve
historic structures, viewsheds, locations, lands, and similar items
or areas, provided that:
[Added 1-12-2010 by Ord. No. 2009-004]
[1] The property owner provides sufficient evidence to the Planning Commission
that there is a significant historic purpose or value to the property
or any historic structures, viewsheds, locations, lands, and similar
items or areas located on, or a part of, the property; and
[2] The property owner provides an executed agreement (which agreement
may be subject to termination if a waiver is not granted under this
chapter) with the County and/or a preservation entity naming and describing
the structure, viewshed, location, land, and/or similar item or area
to be preserved, the reasons that such preservation is appropriate,
the restrictions to be placed on the property, the method of enforcement
of such restrictions, and the significant benefits to the County and
its residents to be obtained;
[3] The property owner agrees to such other terms and conditions as may
be determined by the Planning Commission.
[4] The granting of such waiver is not a matter of right or required
by law, but is in the discretion of the Planning Commission.
(2) The Planning Commission shall not approve a waiver
unless it makes findings based on the evidence presented to it that:
(a)
The application for the waiver meets the criteria set forth in Subsection
B(1) above.
(b)
The granting of the waiver will not be detrimental
to the public's safety, health or welfare.
(c)
The granting of the waiver will not be injurious
to the peaceful use and enjoyment of other property in the neighborhood.
(d)
The waiver will not in any manner conflict with
the provisions of the Zoning Ordinance or Comprehensive Plan.
(3) To apply for a waiver under this subsection, an applicant
shall submit a request, in writing, to the Planning Commission identifying
the parcel or lot to which the waiver will apply, the parcel or lot
to be created by the waiver, the proposed buyer, assignee or lessee,
and proposed deed restrictions or covenants. Such request shall be
accompanied by a plat identifying the parcel or lot to be created,
said plat being drawn in accordance with the requirements to be set
forth by the Planning Commission.
(4) The Zoning Administrator shall mail a notice of the
Planning Commission meeting at which the waiver is scheduled for review
to all adjoining property owners. The notices shall be by United States
mail, first-class postage prepaid, and shall be directed to the most
current names and addresses available to the Zoning Administrator,
as obtained from the State Department of Assessments and Taxation.
(5) After approval of a waiver, the plat shall be filed
in the plat records of Caroline County. Said waiver shall not become
effective until said plat is recorded.
(6) Said waiver shall terminate if and when the parcel or lot created by the waiver is sold, assigned or leased to an individual, entity or organization failing to meet the criteria set forth in Subsection
B(1), at which time the provisions of this chapter and any subsequent amendments become effective.
(7) Any waiver granted herein under Subsection
B(1)(a) is not assignable or transferable between the applicant and any subsequent buyer, assignee or lessee. Nothing herein shall prevent the buyer, assignee or lessee from encumbering the parcel or lot with any mortgage, deed of trust or other similar instruments.
Any person aggrieved by the action of the Planning
Commission pursuant to this chapter may appeal directly to the Circuit
Court.