This chapter shall be known and may be cited as the "Subdivision Regulations
for the Town of Leonardtown, Maryland."
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements adopted for the protection of
the public health, safety and welfare.
To protect the public, among other purposes, such provisions are intended
to provide for a permanently wholesome community environment, adequate municipal
services and safe streets.
This chapter shall not apply to any lot or lots forming a part of a
subdivision created and recorded prior to the effective date of this chapter,
nor is it intended by this chapter to repeal, abrogate, annul or in any way
impair or interfere with private restrictions placed upon property by deed,
covenant or other private agreement or with restrictive covenants running
with the land to which the Town is a party. Where this chapter imposes a greater
restriction upon land than is imposed or required by such existing provisions
of law, ordinance, contract or deed, the provisions of this chapter shall
control.
[Amended 3-14-1994 by Ord.
No. 78]
In accordance with Article 66B of the Annotated Code of Maryland, the
Planning and Zoning Commission of Leonardtown, Maryland, is hereby enabled
to regulate the subdivision of land within the corporate limits of the Town.
These regulations are enacted to preserve and promote the public health,
safety and welfare of the inhabitants of Leonardtown and of the public generally
and to encourage and facilitate the orderly growth and expansion of the Town.
As used in this chapter, the following terms shall have the meanings
indicated:
COMMISSION
The Leonardtown Planning and Zoning Commission.
DEVELOPER
Any person, partnership, firm, corporation or cooperative enterprise
undertaking or participating in the development of a subdivision.
LOT
A portion of a subdivision or parcel of land for building development,
whether immediate or future.
MASTER PLAN
A plan for the physical development of Leonardtown, Maryland, or
any amendment or extension of the plan or addition to the plan adopted by
the Leonardtown Planning and Zoning Commission.
STREET
A public dedicated way which affords the principal means of access
to abutting property, including a street, avenue, place, drive, road, court,
highway, pike, cul-de-sac and any other public way except an alley.
B.
MAJOR RESIDENTIAL STREETA street used for heavier volumes of primarily residential traffic and often serves to distribute traffic from minor streets to business streets or major highways.
C.
BUSINESS STREETA street used to handle both private cars and commercial vehicles, with provision often made for on-street parking spaces. Often such streets serve as the main street in smaller towns.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots,
plats, sites or other divisions of land for the purpose, whether immediate
or future, of sale or of building development, provided that this definition
of a "subdivision" shall not include a bona fide division or partition of
agriculture land not for development purposes.
[Amended 3-14-1994 by Ord.
No. 78]
Whoever, being the owner or agent of the owner of any land located within
a subdivision, transfers or sells or agrees to sell or negotiates to sell
any land by reference to or exhibition of or by other use of a plat of a subdivision
before such plat has been approved by the Leonardtown Planning and Zoning
Commission and recorded or filed in the office of the County Clerk shall forfeit
and pay a penalty of not less than $200 nor more than $1,000 for each lot
or parcel so transferred or sold or agreed or negotiated to be sold; and the
description of such lot or parcel by metes and bounds in the instrument of
transfer or other document used in the process of selling or transferring
shall not exempt the transaction from such penalties or from the remedies
herein provided. The Town Commissioners may enjoin such transfer or sale or
agreement by action for injunction brought in any court of equity jurisdiction
or may recover the said penalty by civil action in any court of competent
jurisdiction.