[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 11-3-2009 as Subtitle I of Title 2 of Bill No. 09-1. Amendments noted
where applicable.]
(a)Â
Purpose. The purpose of this Title is
to regulate and control the division of land within the County in
order to promote, protect and provide for the public health, safety
and general welfare of the County.
(b)Â
Intent. It is the intent of this Title
to regulate the division of land so as:
(1)Â
To implement the goals, objectives and policies of the County
Comprehensive Plan and other plans and policies adopted by the County.
(2)Â
To further the orderly and appropriate development of land without
adversely affecting the quality of the natural resources of the County.
(3)Â
To prevent the pollution of air, 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 the County in order to preserve the integrity, stability
and beauty of the community and the value of the land.
(4)Â
To protect the character and social and economic
stability of all parts of the County.
(5)Â
To assure sites suitable for building purposes and human habitation
and to provide for harmonious development within the County.
(6)Â
To coordinate proposed roads with existing roads.
(7)Â
To regulate the flow of traffic on the roads and highways.
(8)Â
To ensure adequate open space for circulation, recreation, light
and air.
(9)Â
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.
(10)Â
To provide for the efficient use of land for development purposes
and to minimize sprawl and the unnecessary consumption of land.
(11)Â
To facilitate adequate provision for transportation, water,
sewerage, schools, recreation, parks and other public requirements.
(12)Â
To ensure that public facilities are available and will have
sufficient capacity to serve the proposed subdivision.
This Title shall be known, cited and referred to as the "Worcester
County Subdivision Regulations."
These regulations shall not be construed to stop or otherwise
affect any enforcement action in progress as of the date of adoption
of this Title or to dismiss, discontinue or modify any penalty previously
assessed. Furthermore, adoption of these regulations shall not affect
or waive the liability or rights of any person, firm or corporation
or waive any right of the County existing under prior regulations
except as expressly provided for herein.
(a)Â
General interpretations. For the purposes
of this Title, certain terms or words used herein shall be interpreted
as follows:
(1)Â
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
(2)Â
The masculine shall include the feminine and the feminine shall
include the masculine.
(3)Â
The present tense includes the future tense.
(4)Â
The singular number includes the plural; the plural number includes
the singular.
(5)Â
The words "shall," "must" or "will" are mandatory; the words
"should" or "may" are permissive.
(6)Â
The word "used" or "occupied" includes the words "intended,
designed or arranged to be used or occupied."
(b)Â
AGRICULTURE
ALLEY
APPLICANT
BUFFER
BUILDING
BUILDING ENVELOPE
BUILDING PERMIT
BUILDING OR YARD SETBACK LINES
CONSERVATION AREA
COUNTY COMMISSIONERS
CUL-DE-SAC
DEPARTMENT
DEPARTMENT OF THE ENVIRONMENT
DRAINAGEWAY
DWELLING, MULTI-FAMILY
DWELLING or DWELLING UNIT
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
EASEMENT
ENVIRONMENTAL PROGRAMS DIVISION
EXISTING SIGNIFICANT TREES
EYEBROW LOT
FARM
FLAG LOT
FLOODPLAIN
FLOODWAY
FOREST
FRONTAGE
HEALTH DEPARTMENT
IMPAIRED WATERS
IMPROVEMENTS
KEY ENVIRONMENTAL FEATURES
LOOP STREET
LOT
LOT AREA, BUILDABLE
LOT AREA, GROSS
LOT AREA, NET
LOT OF RECORD
OPEN SPACE
OUTLOT
PANHANDLE LOT
PARKING LOT
PLANNING COMMISSION
PRIVATE
PROPERTY LINE
PUBLIC
QUALIFIED PROFESSIONAL
RECREATION, ACTIVE
RECREATION, PASSIVE
RESUBDIVISION
RIGHT-OF-WAY
ROAD
ROAD, ACCESS
ROAD, APPROVED PRIVATE
ROAD, COLLECTOR
ROAD LINE
ROAD, MINOR
ROAD, PUBLIC
ROAD, SERVICE
SENSITIVE AREAS
STRUCTURE
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
TOTAL MAXIMUM DAILY LOAD (TMDL)
WETLANDS, NONTIDAL
WETLANDS, PRIVATE
WETLANDS, STATE
WETLANDS, TIDAL
Definitions of words and phrases. For
the purposes of this Title, the following words and phrases shall
have the meanings respectively ascribed to them by this section. Terms
found in this Title but not specifically defined in this Title shall
have the meanings ascribed to them by § ZS 1-103 hereof
if a definition is provided in that section.
The use of land, buildings and structures for forestry, dairying,
pasturage, crop growth, horticulture, floriculture, viticulture, the
raising of livestock and poultry for sale and including other conventional
agriculture uses and structures such as farm offices, commercial and
noncommercial greenhouses and nurseries, noncommercial fertilizer
storage, noncommercial maintenance, storage and repair facilities,
farm ponds, noncommercial grain dryers, barns, poultry and hog houses
and the storage and application of manure produced by farm animals
or poultry. The term "agriculture" shall not include commercial grain
dryers or dwellings and shall not include the storage or application
of sewage sludge. See definition of "farm."
A right-of-way over land affording a secondary means of access
to abutting properties.
Any person who submits subdivision plans to the Planning
Commission for the purpose of obtaining approval thereof.
A naturally vegetated area or vegetated area established
or managed to protect aquatic, wetland shoreline and terrestrial environments
from man-made disturbances.
Any structure which is designed, built or occupied as a shelter
for persons, animals or property. The term "building" shall include
tents, roadside stands, mobile homes, recreational trailers, vehicles
and other similar objects when used as a permanent shelter and shall
also include any part thereof.
See "lot area, buildable."
A written statement issued by the Department authorizing
the erection, expansion or alteration of a building or structure.
Those lines which describe the required front, rear, side
and other setbacks as prescribed in the district regulations contained
in Title 1, Worcester County Zoning Ordinance. See § ZS 1-305
hereof.
An area protected and maintained generally in its natural
condition in which disruption from development (other than for trails)
and/or active recreational activities is prohibited. Areas in which
vegetation is reestablished following disruption and otherwise meeting
the previous conditions are also considered conservation areas.
The County Commissioners of Worcester County, Maryland.
The circular terminus of a public road or approved private
road.
The County department designated by the County Commissioners
to administer and enforce this Title. See § ZS 1-111
hereof.
The Maryland Department of the Environment, including the
local official having delegated authority.
A minor watercourse that is defined either by the presence
of intermittent or perennial streams or topography that indicates
a swale where surface sheet flows join, including the land, except
where areas are designated as floodplain, on either side of and within
fifty feet of the center line of any intermittent or perennial stream
shown on the United States Geological Service's seven-and-one-half-minute
quadrangle sheets covering the unincorporated areas of the County.
A building containing three or more dwellings designed for
or used exclusively for residential purposes. For purposes of this
Title, a townhouse shall not be considered a multi-family dwelling.
Any building or portion thereof occupied or intended to be
occupied for residential purposes by a single family or housekeeping
unit, but not including a watercraft, tent, seasonal cabin, recreational
vehicle or trailer, mobile home, assisted living unit or a room in
a hotel, motel or boardinghouse, and having at least five hundred
square feet of livable gross floor area.
A detached dwelling unit designed for use or used exclusively
for residential purposes by one family or housekeeping unit, having
at least five hundred square feet of livable gross floor area and,
except where specifically permitted by the primary district regulations,
only one single-family dwelling may be located on an individual lot
or parcel.
A detached building containing two dwelling units and used
exclusively for residential purposes by not more than two families
or housekeeping units, each of which shall have at least five hundred
square feet of livable gross floor area. The terms "two-family dwelling"
and "duplex" are synonymous.
The right to use a specifically identified portion of a lot
for a specifically identified purpose without having title to the
land.
That division of the Department that is delegated by the
Maryland Department of the Environment with certain duties, powers
and functions as provided in the State Environmental Article for the
administration and enforcement of certain environmental laws, including
but not limited to on-site wastewater treatment and disposal and potable
water.
Trees existing on the site that are six inches in caliper
(diameter) or greater measured at four and one-half feet above existing
grade.
A lot served by a bulb-shaped court protruding from a higher
order street, or those lots served by a loop street not meeting the
requirements of § ZS 2-502(c)(8).
A lot or parcel of five or more acres which is conscientiously
and consistently managed for bona fide agricultural purposes.
A polygonal-shaped lot that has the appearance of a flag
with staff or panhandle in which the handle or staff provides the
required minimum road frontage and which may be used as the point
of access to a street or road. The terms "flag lot" and "panhandle
lot" are synonymous.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation,
or any area subject to the unusual and rapid accumulation or runoff
of surface waters from tidal action or from any source, and specifically
including those areas subject to flooding by the waters of the one-hundred-year
flood as shown on the United States Department of Housing and Urban
Development, Federal Insurance Administration, Flood Insurance Rate
Maps for the County.
The designated area of a floodplain required to carry and
discharge floodwaters of the one-hundred-year flood as defined in
the definition of "floodplain" herein.
A biological community dominated by trees and other woody
plants covering a land area of ten thousand square feet or more. This
also includes forests that have been cut but not cleared.
The dimension of a lot measured at the front lot line along
a public or approved private road or, if the front lot line is curved,
along the chord of the arc.
The County Health Department.
Those waters designated as either Category 4 or Category
5 on the Maryland Integrated Report of Surface Water Quality as required
by the United States Environmental Protection Agency pursuant to the
Federal Clean Water Act.
Those physical additions, installations and changes such
as roads, curbs, sidewalks, water mains, wastewater collection systems,
drainage facilities, public utilities and other appropriate items
required to render land suitable for the use proposed.
Those sensitive areas as defined herein that are found on
a particular site.
A relatively short street providing access from dwelling
units to a higher order street only and generally having intersections
with the higher order street in close proximity to one another.
A plot or parcel of land having at least the minimum area
required by this Title for a lot in the district in which such lot
is situated and having its principal frontage on a public road, approved
private road, or right-of-way or access easement for lots approved
as a rural cluster subdivision. Parcels in single ownership separated
by a road shall be considered as separate parcels. A lot of record
shall be considered a lot. See § ZS 1-305 hereof for
other lot definitions and methods of measurement.
That portion of the net lot area remaining for building purposes
once adjusted to subtract out the area of all easements, required
yard setbacks, septic disposal areas, private wetlands and nontidal
wetlands and their buffers. Every lot must have a buildable area of
not less than two thousand five hundred square feet of contiguous
area with usable access.
The gross area of a lot, parcel or other piece of land shall
be calculated as the area bounded by the property lines.
The net area of a lot, parcel or other piece of land shall
be calculated as the area bounded by the property lines, except that
the public and private rights-of-way, state wetlands and the area
of the strip connecting to the road in the case of a panhandle or
flag lot shall not be included as part of the net lot area unless
specifically permitted for the structure or use involved. Easements
other than required road widening strips may be included in net lot
area and private wetlands and easements may be included as part of
any yard setback unless otherwise prohibited.
A plot or parcel of land delineated upon the land records
of Worcester County as of July 27, 1965, or any validly recorded platted
lot of a subdivision or parcel of land which, at the time of its recording,
complied with all applicable laws, ordinances and regulations.
Land intended for active or passive recreation, the growing
of trees, vegetable, field or nursery crops or for purposes of conservation
of natural resources and free of residential, service, business or
industrial structures and uses.
A parcel of land which is included in a plat and which is
designated for public or private open space or recreational areas,
rights-of-way, utilities, stormwater management facilities, or other
similar purposes.
See "flag lot."
A surfaced area of one or more parking spaces designed or
used for the parking of self-propelled vehicles and available to the
public, whether for a fee or as an accommodation to customers or clients.
The Worcester County Planning Commission.
Any land or structure not owned and operated by a public
or quasi-public jurisdiction or organization.
The boundary of a lot or group of lots used in combination.
Any land or structure owned and operated by a public or quasi-public
jurisdiction or agency for the public benefit.
A person or firm who, by reason of training and/or experience,
is qualified, as determined by the Department, to perform the function
required.
Recreational uses, areas or activities oriented toward potential
competition and involving special equipment. Playgrounds, sports fields
and courts, swimming pools and golf courses are examples of active
recreation uses.
Recreational uses, areas or activities oriented to noncompetitive
activities which typically require no special equipment. Trails and
areas for hiking, picnicking and bird watching are examples of passive
recreation uses.
Any further division or modification of an existing recorded
subdivision.
A land or water area legally separated from abutting properties
and used for travel, access, utility location or other purpose. The
usage of the term "right-of-way" for land platting purposes in the
County shall mean that every right-of-way hereafter established and
shown on a final plat is to be separate and distinct from lots or
parcels adjoining such rights-of-way and not included within the dimensions
or areas of such lots or parcels.
Includes street, avenue, drive, circle, square, court, lane,
highway, cul-de-sac or other term of general usage describing a right-of-way
intended for vehicular use.
A road providing a single point or limited points of connection
to a higher-order road and intended to provide for direct ingress
and egress to adjacent properties or developments fronting thereon.
A road which meets the right-of-way requirements of a public
road, is approved by the County Commissioners, provides a means of
private access to abutting properties and is privately owned and maintained.
A road which collects traffic from minor roads and distributes
it to the arterial road system. Although it may provide access to
abutting properties, a collector road serves primarily a through traffic
function.
The existing or proposed right-of-way line of any road.
Any road which does not serve a collector or arterial function
and is lightly traveled. The primary function of a minor road is to
provide access to and between abutting properties.
A public right-of-way listed in the inventory of public roads
of Worcester County which provides a means of public access to abutting
properties.
A road generally aligned parallel to a higher-order road
with limited access to such higher-order road and intended to provide
for direct ingress and egress to adjacent properties or developments
fronting thereon.
Areas comprised of but not limited to tidal and nontidal
wetlands and their buffers, the one-hundred-year floodplain, forested
areas, existing significant trees, greenways, areas of critical or
special habitat, threatened and endangered species habitat, source
water and aquifer recharge protection areas, the Chesapeake or Atlantic
Coastal Bays Critical Area, stream beds, creeks, rivers, estuaries,
bays, and water bodies on the state's impaired waters list or
having an established total maximum daily load requirement.
Anything constructed or erected with a fixed location on
the ground, attached to something having a fixed location on the ground
or a building as defined herein. Structures include walls, fences
and signs.
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, including
resubdivision. Development which constitutes a division of land into
separate lots, sites, parcels or other types of division, regardless
of ownership, shall constitute a subdivision except as otherwise exempted.
When appropriate to the context, the term "subdivision" or "resubdivision"
shall relate to the process of subdividing or resubdividing land as
well as to the land or territory subdivided. The creation of a condominium
under the Maryland Condominium Act (Title 11 of the Real Property
Article of the Annotated Code of Maryland, as from time to time amended),
where land is divided into parcels or lots or the condominium units
constitute parcels or lots, either actually or constructively, other
than the division of only a building or buildings into units, shall
constitute a subdivision. A lease or creation of a term of years where
land is divided into parcels or lots for a period of twelve years
or more, including renewals, shall constitute a subdivision, except
for leases for individual units or parcels within a unified commercial
or industrial development. The widening of a public road or the creation
of a widening strip for a public road shall not constitute a subdivision.
The creation of a lot, tract or parcel which, at the time of its creation,
is transferred in perpetuity to the County Commissioners of Worcester
County, the State of Maryland or the United States of America, where
the residue meets the definition of a lot, shall not constitute a
subdivision. Any undeveloped lot transferred at any time to a bona
fide conservation entity for the purpose of perpetual protection,
as determined by the Department, shall not be counted as a lot when
determining the number of subdivisions of a property.
Any subdivision of land which creates six or more lots in
total, regardless of size, out of what was a single parcel as of July
25, 1967. A series of separate subdivisions out of the same original
parcel shall be considered a major subdivision when the cumulative
effect of such separate subdivisions meet the criteria of a major
subdivision. For the purposes of this Article a rural cluster subdivision
as defined in § ZS 1-103 hereof shall not be considered
a major subdivision. Any undeveloped lot transferred at any time to
a bona fide conservation entity for the purpose of perpetual protection,
as determined by the Department, shall not be counted as a lot when
determining the number of subdivisions of a property.
Any subdivision which is not a major subdivision as herein
defined and which creates up to but not more than five lots out of
what was a single parcel of land as of July 25, 1967. For the purposes
of this Article a rural cluster subdivision as defined in § ZS 1-103
hereof shall be considered a minor subdivision. Any undeveloped lot
transferred at any time to a bona fide conservation entity for the
purpose of perpetual protection, as determined by the Department,
shall not be counted as a lot when determining the number of subdivisions
of a property.
An established amount of a pollutant, plus a margin of safety,
that a waterbody can assimilate and still attain water quality standards.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation." Nontidal wetlands are identified
by the most recent federal definition and guidelines for identifying
and delineating jurisdictional wetlands.
Any land not considered state wetland, bordering on or lying
beneath tidal waters, which is subject to regular or periodic tidal
action and supports aquatic growth. This includes wetlands transferred
by the state by a valid grant, lease, patent or grant confirmed by
Article 5 of the Declaration of Rights of the Constitution, to the
extent of the interest transferred.
Any land under the navigable waters of the state below the
mean high tide affected by the regular rise and fall of the tide.
Wetlands of this category which have been transferred by the state
by valid grant, lease, patent or grant confirmed by Article 5 of the
Declaration of Rights of the Constitution shall be considered private
wetland to the extent of the interest transferred.
Includes all private and state wetlands as defined herein.
(a)Â
Applicability of Title. This Title shall apply to all land located within the County, including any submerged lands, water areas or islands, but shall not apply to the land located within the subdivision control jurisdiction of the incorporated municipalities. It shall apply to any privately conducted uses or proprietary functions within the territory affected on lands owned or controlled by the United States government or the State of Maryland. It shall also apply to all activities of municipal corporations beyond the boundaries of the municipal corporation. Except as set forth in Subsection (b) hereof, all County-owned or County-controlled land and the use thereof shall be subject to this Title, including the procedures for applications, reviews and approvals.
(b)Â
Exemptions. The County Commissioners
may, by resolution, exempt any County-owned or County-controlled land
from the provisions of this Title, and from each and every provision
as the Commissioners may determine necessary and appropriate to carry
out the purposes of this Title or as the Commissioners may determine
is in the best interests of the health, safety, morals and general
welfare of the community. In the case of exemption, the County Commissioners
shall notify the Planning Commission of their intentions prior to
acting on the resolution for exemption. The Planning Commission shall
subsequently review the plats for such County-owned or County-controlled
land in an advisory capacity only and shall submit its comments to
the County Commissioners for their consideration within the time limit
established by the County Commissioners. The decision of the County
Commissioners with regard to any exemption under this subsection shall
be final and shall not be subject to appeal to any court. The County
Commissioners shall hold a public hearing or provide for public comment
prior to adoption of the resolution.
Should any section or provision of this Title be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the regulations as a whole or any part
thereof other than the part so declared to be unconstitutional or
invalid.
In their interpretation and application, the provisions of these
regulations shall be held to be minimum requirements adopted for the
promotion of the public health, safety and general welfare. Whenever
these regulations are at variance with the requirements of any other
lawfully adopted laws, rules, regulations, ordinances, deed restrictions
or covenants, the most restrictive or that imposing the higher standards
shall govern. Only those covenants, deed restrictions or provisions
which are required by the Planning Commission, the County Commissioners
or agency thereof as a condition of approval obtained hereunder and
are clearly indicated as so required upon a document recorded among
the land records of the County, unless otherwise required by law,
shall be enforceable by the County Commissioners or any agency thereof
under the provisions of this Title.
The County Commissioners shall establish a schedule of fees
to alleviate the cost of reviewing and checking the plans and plats
described herein and for recording the record plat. Such fees shall
be collected by the Department at the time of filing.
The grant of a permit or approval of a subdivision and/or land
development plan in any wetlands (tidal or nontidal) or any flood-prone
area or any other area shall not constitute a representation, guaranty
or warranty of any kind by the County or by any official or employee
thereof of the legality (as to other laws or regulations) or practicability
or safety of the proposed use and shall create no liability upon the
County, its officials or employees.
The Worcester County Subdivision Regulations dated March 10,
1992, and amendments thereto are hereby repealed by the adoption of
this Article.
For the purpose of promoting the public health, safety and general
welfare, the Planning Commission may, or at the request of the County
Commissioners shall, prepare and recommend amendments to this Title.
The procedure for such amendment shall be the same as that for the
preparation and recommendation, approval and adoption of the original
ordinance from which this Title is derived, provided that no such
amendment shall be adopted by the County Commissioners without first
referring the proposed amendment to the Planning Commission for recommendation.
The County Commissioners may make amendments to this Title within
sixty days from the referral date if no recommendation is received
from the Planning Commission. Upon the adoption of an amendment, the
County Commissioners shall cause the official text of the Title to
be so revised. The date of the County Commissioners adoption of said
amendment shall be noted in the text of the Title.
Any improvements or amenities shown on a record subdivision
plat may or may not be offered for dedication to the County. However,
with the exception of approved private roads, all roads shall be offered
for dedication. When improvements and amenities are offered for dedication,
a formal statement of offer shall be included on the record plat,
as described in § ZS 2-406(b)(3)D3 hereof. Recording
of the record plat containing such a formal statement shall not be
deemed to constitute or effect an acceptance by the County of the
dedication of any road, park or other improvement or amenity shown
on such plat but improvements so noted for dedication may be accepted
by the County through a subsequent appropriate act. Any such offer
of dedication may not be withdrawn without consent of the County Commissioners.
A plat may be recorded without an offer of dedication, provided that
the Planning Commission has approved there being no offer of dedication
and that a statement is included on the record plat stating that such
improvements have not been offered for dedication to the County and
furthermore stating who specifically is responsible for construction
and maintenance of all improvements and amenities.
At any time prior to the recording of the record plat, if any
lot shown on any proposed subdivision plat is offered for sale, sold
or transferred as a lot, in any way, or a reservation is taken to
purchase a particular lot, the owner or agent of the owner shall be
guilty of a civil infraction and shall forfeit and pay a civil penalty
of not less than two hundred dollars and not more than one thousand
dollars, in the discretion of the court, for each lot or parcel so
transferred or sold or agreed or negotiated to be sold. The description
of the 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 the penalties or from the remedies
herein provided. The County may enjoin the transfer, sale or agreement
by action for injunction brought in any court of equity jurisdiction
or may recover the penalty by civil action in any court of competent
jurisdiction. In addition, the Planning Commission or Department may
suspend all action on or deny approval of any such plat or any application
for permits or other approvals on the subject property until such
releases, reconveyances, waivers or cessation of sales offerings as
may be appropriate are obtained.
Minor subdivisions shall have no vested rights until the plat
is recorded among the land records of Worcester County. For major
subdivisions, no rights shall vest until approval of the preliminary
plat has been given by the authority specified by this Title. Upon
approval of the preliminary plat, the applicant shall have two years
to obtain approval of a final plat for the subdivision or a phase
thereof, which shall conform to all applicable regulations in effect
at the time of preliminary approval. In the case of phased projects,
upon approval of a final plat for subdivision of the first phase thereof,
the applicant shall be given three years to submit final plats for
all remaining phases of the subdivision. The three years for submission
of the remaining phases may be extended for an additional one-year
period upon notification to and approval by the Department, provided
that such notification is received at least thirty days before the
expiration of the original three-year completion period. Should the
above period for vesting of rights for preliminary plats expire, the
applicant must then make application for reapproval of the preliminary
plats in accordance with all County plans and ordinances in effect
at the time of the application for reapproval.
Permission for minor revisions for correction of errors on approved
plats shall be granted to the certifying surveyor upon filing with
the Department of a statement and revised plat describing the changes.
All other revisions, including but not limited to adjustment of boundary
lines between two or more lots within the subdivision, elimination
of lot lines for the purpose of combining two or more lots and addition
of easements, shall be submitted on a revised plat prepared in accordance
with the rules and regulations as set forth in § 3-108 of
the Real Property Article, Annotated Code of Maryland, as from time
to time amended, for review by the Department. The Department shall
conduct an administrative review of the changes without the necessity
of referring such changes to the Planning Commission or the Technical
Review Committee. Provided that such minor revisions, alterations
or adjustments do not create new lots nor result in lots which are
in violation of the requirements of this Article, lots which are contrary
to any specific conditions imposed by the approving body as a condition
of approval or lots which increase the degree of nonconformity, the
Department shall approve such revised plats for recordation.
(a)Â
Purpose and intent. It is the general
intent of the County Commissioners to permit the continuation of projects
for which plan approval has been given prior to the adoption date
hereof under certain prior requirements so as not to cause undue hardship
upon applicants and to promote orderly development of projects as
previously approved.
(b)Â
EFFECTIVE DATE OF THIS SUBTITLE
PLAN APPROVAL
PROJECT
REQUIREMENT
Definitions. For the purpose of this
section, the following definitions shall apply:
November 3, 2009.
Issuance of building permit, site plan approval, preliminary
plat approval, final plat approval, record plat approval, residential
planned community Step I approval, residential planned community Step
II approval or any other plan approval which is determined by the
Department to be one of such similar nature so that the purpose and
intent of this section is fulfilled.
Any proposed subdivision, development or redevelopment of
land or buildings within the County.
Any regulation, law, requirement, criteria, standard or other
regulatory imposition.
(c)Â
Grandfathering provisions. Transitional
provisions, to be known as "grandfathering" provisions, are hereby
adopted. Such provisions shall be limited as follows and shall provide
for the continuation of development under certain prior requirements
of projects:
(2)Â
All unexpired plan approvals granted pursuant to the provisions
of the Zoning and Subdivision Control Article of Worcester County,
Maryland in effect at the time of said plan approval shall be considered
to have received approval on the effective date of this Title with
respect to the expiration of such plan approvals. Expiration of said
plan approvals shall be as specified in the following sections of
the Zoning and Subdivision Control Article of the Code of Public Local
Laws:
A.Â
Section ZSÂ 1-115(g), building permits.
B.Â
Section ZSÂ 1-116(c)(3), Special exceptions, with the exception
that such approvals shall not be required to be accepted in writing
by the applicant.
C.Â
Section ZSÂ 1-124, Expiration of approvals and permits.
D.Â
Section ZSÂ 1-315(k)(2)A5, Step I approval of residential
planned communities.
E.Â
Section ZSÂ 1-315(k)(2)B8, Step II approval of residential
planned communities.
F.Â
Section ZSÂ 1-325(g)(5), site plans.
G.Â
Section ZSÂ 1-337, Transient uses.
H.Â
Section ZSÂ 2-403(d), preliminary subdivision plats.
I.Â
Section ZSÂ 2-404(d), construction plans.
J.Â
Section ZSÂ 2-405(g), final subdivision plats, except that
such final plat approval shall be valid for a period of two years
from the effective date of this Article.
(3)Â
Project development may proceed in accordance with the plan
approval unless such approval shall expire. In the case of expiration,
reapproval shall be in conformance with all provisions of the Zoning
and Subdivision Control Article in effect at the time of reapplication.
(d)Â
Effect of previous regulations. To the
extent necessary to implement the grandfathering provisions adopted
hereunder, the provisions of the Zoning and Subdivision Control Article
in effect at the time of plan approval shall remain in full force
and effect applicable to projects subject to any grandfathering provisions
so adopted.
(a)Â
The Department may grant a single extension of up to two years
for any subdivision plat approval in the case of extenuating circumstances
beyond the applicant's control. The extension application must
be made at least thirty days prior to the expiration of the approved
subdivision plat. In granting the extension, the Department may impose
such conditions as may be necessary to carry out their findings made
hereunder. The Department must find affirmatively all of the following:
(1)Â
The extension is desirable to promote the orderly development
of the area where the project is located;
(2)Â
Failure to grant the extension will result in an impractical
situation with respect to future development in the area;
(3)Â
The granting of the extension is in keeping with sound zoning
principles and the purposes of this Title;
(4)Â
The applicant has made a good faith effort to complete the project
within the subdivision plat approval life; and
(5)Â
The plat is in accordance with all County plans and ordinances
in effect at the time of the application for extension.
Two or more adjoining lots in an existing subdivision, in single
ownership, may be consolidated to create fewer lots by the elimination
of interior lot lines by declaration of consolidation duly executed
by the lot owner as well as all lienholders and recorded among the
land records of Worcester County. The declaration of consolidation
must be in a form approved by the Department and an executed copy
thereof delivered to the Department and to the Assessment Office simultaneously
with recording. The recording of such a declaration in such manner
shall constitute a consolidation of the lots therein described for
all legal purposes without the requirement for the filing of a plat.
If consolidated lots are later resubdivided into two or more lots,
other than as provided for in § ZS 1-305 hereof, a
subdivision plat shall be submitted for review and approval and shall
be in accordance with all regulations in effect at the time of resubdivision.