[Amended 2-28-1986 by Ord. No. O-86-29; 6-25-1989 by Ord. No. O-89-6]
Plans are required for all subdivisions in accordance with the
procedures, plan requirements, and design standards set forth in these
regulations.
A.
Adequate road facilities.
(1)
Before the Planning and Zoning Commission can approve a subdivision
of land subject to these regulations either in its entirety or by
section, the reviewing body should determine if all identified roads
are currently adequate or are programmed to be adequate within one
year of final approval until 1990 and within a one-year lead time
of final approval after 1990, and if the roads are inadequate, a condition
of adequacy may be imposed at the time of preliminary approval. If
the roads are inadequate, the subdivision may be denied. In cases
where the road facilities are inadequate, a subdivision shall receive
approval if the applicant provides improvements to render the roads
"adequate."
(2)
If final approval is conditioned upon the provision of adequate road
facilities, the Planning and Zoning Commission shall keep the plat
on file until such a time that the road facilities are adequate. Applications
shall be considered in order of submittal.
(3)
If road facilities are county or state facilities and are identified
as substandard during this process, the Planning and Zoning Commission
will refer them to the Calvert County Planning Commission and the
Calvert County Commissioners to be considered in the next Calvert
County Capital Facilities Plan, or to the appropriate state agency
as the case may be.
B.
Roads.
(1)
The proposed subdivision should be served by access roads adequate
to safely accommodate the vehicular traffic projected to be generated
by the subdivision. At the applicant's expense, a traffic study shall
be conducted by a registered professional engineer approved by the
Calvert County Department of Engineering. The study shall be in accordance
with written procedures and criteria established by the Calvert County
Department of Engineering and approved by the Board of Commissioners
of Calvert County unless otherwise directed by the Town Planning and
Zoning Commission. The completed traffic study shall be submitted
with the subdivision applications.
(2)
The traffic study, which shall include the intersection with the
nearest arterial road, shall use the Critical Lane Method at intersections
and Highway Capacity Manual for roads for the peak-hour traffic. The
study shall also take into consideration existing substandard road
design and the potential impact of all recorded and/or approved developments
which would be served by the roads or intersections identified in
the traffic study. To be determined "adequate" by the Planning and
Zoning Commission, the road(s) should maintain a level "C" service
rating, after full development of this and all other existing and
proposed lots and developments on the road. The intersections should
maintain a level "D" service rating. State roads and intersections
must maintain a level "D" service rating, after full development of
this and all other existing and proposed lots and development on the
road.
(3)
The applicant may request a waiver of this traffic study requirement
by submitting a written request therefor submitted with the subdivision
application, in the following instances:
(4)
Notwithstanding a request for a waiver that falls within the guidelines
stated above, the reviewing body may deny the request for a waiver
in instances where there is the potential for or there are known to
exist operational problems on the roads or highways serving the property,
in which case a traffic study will be required as per these regulations.
(5)
In its requests to review applications, the Town shall request that
the Calvert County Department of Engineering shall provide recommendations
to the Planning and Zoning Commission as to whether all the roads
are "adequate" and whether the traffic study has been completed according
to the approved criteria.
C.
Appeals. If a person or party has cause to believe that the Planning
and Zoning Commission erred in its analysis of the adequacy of roads
as set forth in this section, then the applicant may appeal to the
Circuit Court.
D.
Exemptions. In order to lessen the hardship this chapter may have
on property owners, a minor subdivision as defined in these regulations
and the first three lots to be created from any parcel on record as
of the date of this amendment shall be exempt from these requirements.
[Amended 2-28-1986 by Ord. No. O-86-29]
For the purpose of having a subdivision reviewed and approved by the Planning and Zoning Commission, the applicant shall file with the Administrator the respective plans and application in accordance with Article IV.
[Amended 2-28-1986 by Ord. No. O-86-29]
A tentative sketch plan may be submitted by the applicant as
a basis for informal discussion with the Planning and Zoning Commission.
A.
Data furnished in the tentative sketch plan shall include the following
information:
(1)
Name of the subdivision.
(2)
Name and address of the owner.
(3)
Name and address of the engineer or surveyor.
(4)
Tract boundaries.
(5)
North point and date.
(6)
Streets on and adjacent to the tract.
(7)
Significant topographical and physical features.
(8)
Proposed general street layout.
(9)
Proposed general lot layout.
(10)
Contours based on USGS topography.
B.
If the subdivision is to be located in part or in whole in the Critical
Area District, the plan and application shall also include the general
location and area extent of the following:
(1)
Tidal and nontidal wetlands;
(2)
Streams;
(3)
Areas of steep slopes 15% or greater; highly erodible hydric soils
and other soils with development constraints;
(4)
Buffer areas and exempted Buffer areas, where applicable;
(5)
Natural resource protection areas, including Habitat Protection Areas,
forests and developed woodlands on or in the vicinity of the proposed
subdivision;
(6)
The Critical Area District boundary and the applicable land use management
classifications (i.e., IDA, LDA, or RCA);
(7)
Computation of the number of acres in the Critical Area District;
and
(8)
The location and extent of existing and/or proposed erosion abatement
approaches.
[Amended 2-28-1986 by Ord. No. O-86-29]
The preliminary plat shall show or be accompanied by the following
information:
A.
Drafting standards.
(1)
The plat shall be drawn at a scale of one inch equals 40 feet, one
inch equals 50 feet or one inch equals 100 feet.
(2)
Dimensions shall be in feet and decimal parts thereof, and bearings
in degrees, minutes, and seconds.
(3)
Each sheet shall be numbered and shall show its relationship to the
total number of sheets.
(4)
Where any revision is made, or when the plat is a revision of a previously
approved plat, dotted lines shall be used to show features or locations
to be abandoned and solid lines to show the presently proposed features.
(5)
The plat shall be so prepared and bear an adequate legend to indicate
clearly which features are existing and which are proposed.
(6)
The boundary line of the subdivision shall be shown as a solid heavy
line.
B.
General information to be shown.
(1)
Name of the subdivision.
(2)
Name and address of the owner.
(3)
Name and address of the engineer or surveyor responsible for the
plat.
(4)
Present zoning classification.
(5)
Date, North point, and scale.
(6)
A location map for the purpose of locating the site to be subdivided
at a scale of not less than 800 feet to the inch showing the relation
of the tract to adjoining property and to all streets and municipal
boundaries existing within 1,000 feet of any part of the property
proposed to be subdivided.
C.
Existing features.
(1)
Complete outline survey of the property to be subdivided showing
all courses, distances, and area, and tie-ins to all adjacent street
intersections.
(2)
The location, names, and widths of streets, the location of property
lines and name of owners, the location of watercourses, sanitary sewers,
and storm drains, and similar features within 25 feet of any part
of the land to be subdivided.
(3)
Location of all existing monuments.
(4)
Location, size, and ownership of all underground utilities, and any
rights-of-way within the property.
(5)
Topography on two-foot contours; provided, however, that if ground
slope is sufficiently steep for five-foot contours, to show the surface
configuration, the larger contour interval may be permitted. Smaller
contour intervals may be required where two-foot contours do not indicate
existing surface conditions.
(6)
Location of existing buildings, the outline of all wooded areas,
marshy areas, and areas subject to flooding.
D.
Proposed layout.
(1)
The layout of streets, including names and widths.
(2)
The layout and approximate dimensions of lots.
(3)
A reference to any land offered for dedication for parks, schools,
widening of streets, or other public uses.
(4)
The average and minimum lot size.
(5)
Location and size of storm drains, sanitary sewers, culverts, watercourses
and all appurtenances thereof, water mains and fire hydrants.
(6)
Building setback lines.
(7)
Rights-of-way and/or easements proposed to be created for all drainage
purposes and utilities.
(8)
Tentative typical cross-sections and center-line profiles for each
proposed street shown on the preliminary plat. These plats may be
submitted as separate sheets.
(9)
Where the preliminary plat covers only a part of the owner's entire
holding, a sketch shall be submitted on the prospective street layout
for the remainder.
(10)
The words "Preliminary Plat — Not to be Recorded" shall
be shown on the plat.
E.
If the subdivision is to be located in part or in whole in the Critical
Area District, the plan and application shall also include the general
location and area extent of the following:
(1)
Tidal and nontidal wetlands on and adjacent to the property and delineation
of the watershed thereof;
(2)
Streams;
(3)
Areas of highly erodible hydric soil and other soils with development
constraints;
(4)
Buffer areas and exempted Buffer areas, where applicable;
(5)
Natural resource protection areas, including Habitat Protection Areas,
forests and developed woodlands on or in the vicinity of the proposed
subdivision;
(6)
Computation of the number of acres in the Critical Area District;
(7)
Computation of the total area within the Critical Area District and
area within each of the land management classifications (i.e., IDA,
LDA, RCA);
(8)
Number of lots in the Critical Area District;
(9)
Slopes 15% or greater;
(10)
Location and area of all soils exhibiting the following characteristics
as determined by a soil survey, such as:
(11)
Location of all existing or proposed site improvements (including
storm drains, culverts, retaining walls, fences, stormwater management
facilities as well as sediment and erosion control structures);
(12)
Location of open space, forested areas and landscaping (The
plan shall show all areas to be maintained as landscaping to be provided,
and the means by which such landscaping will be permanently maintained
shall be specified.);
(13)
Location of eroding shoreline reaches, the rates of erosion,
areas where shore erosion measures are in place, areas to be protected
by installation of proposed erosion abatement approaches;
(14)
Areas to be retained in agricultural use;
(15)
Areas proposed for reforestation and afforestation;
(16)
Total area of the site that will be temporarily disturbed during
development and area that will be permanently disturbed ("Disturbed"
is defined as any activity occurring on an area which may result in
the loss of or damage to existing natural vegetation.);
(17)
Proposed natural park areas, as appropriate; and
(18)
The location of the Critical Area District boundary, the mean
high water line and the landward edge of tidal wetlands.
F.
In addition to the information above, the preliminary plat shall
be accompanied by the following, when required, when the subdivision
or development is proposed in the Critical Area District:
(1)
A planting plan and/or a forest management plan reviewed by and addressing
the comments of the Maryland State Bay Watershed Forester, where appropriate;
(2)
A Habitat Protection Plan, including and addressing the comments
of the Maryland Forest, Park and Wildlife Service and the Maryland
Natural Heritage Program;
(3)
A proposed cooperators agreement with the Town or an agricultural
plan, as applicable, for agricultural activities;
(4)
A preliminary stormwater management plan;
(5)
A preliminary sediment and erosion control plan;
(6)
A shore erosion protection plan, including specifications for proposed
shore erosion work;
(7)
A natural park management plan, where appropriate; and
(8)
An environmental assessment, which provides a complete statement
of how the proposed development addresses the goals and objectives
of the Town Critical Area Protection Program. At a minimum, the environmental
assessment shall include:
(a)
A statement of existing conditions, e.g., amount and types of
forest cover, amount and types of wetlands, discussion of existing
agriculture activities on the site, soil types, topography, etc.;
(b)
A discussion of proposed development project, including number
and type of residential units, amount of impervious surface, proposed
sewer treatment and water supply, acreage devoted to development,
proposed open space and habitat protection areas;
(c)
A discussion of the proposed development's impacts on water
quality, natural habitats, wildlife, fish and plants; and
(d)
Documentation of all correspondence and findings.
The minor subdivision plat shall show or be accompanied by the
following information:
A.
Drafting standards.
(1)
The plat shall be drawn at a scale of one inch equals 50 feet or
one inch equals 100 feet.
(2)
The plat shall be a clear and legible white paper print.
(3)
Dimensions shall be in feet and decimal parts thereof, and bearings
in degrees, minutes, and seconds.
(4)
The boundary line of the subdivision shall be shown as a solid heavy
line.
(5)
Minor subdivision plats shall be on sheets either 18 inches by 22
inches or 36 inches by 44 inches, and all lettering shall be so drawn
as to be legible if the plat should be reduced to half size.
B.
General information to be shown.
(1)
Name of the subdivision.
(2)
Name and address of the owner.
(3)
Name and address of the engineer or surveyor.
(4)
Zoning classification and requirements.
(5)
Date, North point, and scale.
(6)
A location map for the purpose of locating the site at a scale of
not less than 800 feet to the inch.
(7)
State Department of Health certification.
C.
Information to be shown if subdivision is in the Critical Area District.
(1)
Tidal and nontidal wetlands;
(2)
Streams;
(3)
Areas of steep slopes 15% or greater, highly erodible hydric soils,
and other soils with development constraints;
(4)
Buffer areas and exempted Buffer areas, where applicable;
(5)
Natural resource protection areas, including Habitat Protection Areas,
forests and developed woodlands on or in the vicinity of the proposed
subdivision;
(6)
The Critical Area District boundary and the applicable land use management
classifications (i.e., IDA, LDA, or RCA);
(7)
Computation of the number of acres in the Critical Area District;
and
(8)
The location and extent of existing and/or proposed erosion abatement
approaches.
D.
Existing features.
(1)
Complete outline survey of the property to be subdivided, showing
all courses, distances, and area, and tie-ins to all adjacent street
intersections.
(2)
The location, names and widths of streets, the location of property
lines and names of owners, the location of watercourses, sanitary
sewers, storm drains, and similar features within 400 feet of any
part of the land to be subdivided.
[Amended 2-28-1986 by Ord. No. O-86-29]
The final plat shall consist of a drawing, intended for recording,
incorporating those changes or additions required by the Planning
and Zoning Commission in its approval of the preliminary plat.
A.
Drafting standards. Drafting standards for the final plat shall be the same as those described in § 245-48 for the preliminary plat.
B.
Information to be shown.
(1)
Subdivision name.
(2)
Name and address of subdivider or developer.
(3)
Name, address and seal of the registered surveyor responsible for
the plat. The surveyor must be registered in the State of Maryland.
(4)
Date, North point, and scale.
(5)
A location map (scale between one inch equals 800 feet and one inch
equals 2,000 feet).
(6)
Center line of all proposed and adjoining streets with their right-of-way
width and names.
(7)
Accurate distances and bearings of all boundary lines of the subdivision.
(8)
Lines of all lots, and a simple method of numbering to identify all
lots and sections.
(10)
All dimensions necessary for accurate location of the boundaries
of the site to be developed and of all streets, lots, easements, and
dedicated areas. These dimensions shall be expressed in feet and decimals
of a foot.
(11)
All radii, arcs, points of tangence, central angles, and lengths
of curves.
(12)
All required and existing survey monuments or benchmarks (i.e.,
concrete monuments, pipe, trees, fences, etc.), together with their
description.
(13)
Private, self-imposed and previously existing covenants, restrictions
and/or easements and their period of existence are to be shown or
referred to on the recorded final plat. This is not to preclude future
recording of new or altered covenants, restrictions and/or easements.
(14)
The accurate outline, dimensions and purposes of all property
which is offered for dedication or is to be reserved for acquisition
for public uses or is to be reserved by deed covenant for the common
use of the property owners in the subdivision.
C.
Information to be shown if subdivision is in the Critical Area District.
(1)
Tidal and nontidal wetlands on and adjacent to the property and delineation
of the watershed thereof;
(2)
Streams;
(3)
Areas of highly erodible hydric soils, and other soils with development
constraints;
(4)
Buffer areas and exempted Buffer areas, where applicable;
(5)
Natural resource protection areas, including Habitat Protection Areas,
forests and developed woodlands on or in the vicinity of the proposed
subdivision;
(6)
The Critical Area District boundary and the applicable land use management
classifications (i.e., IDA, LDA, or RCA);
(7)
Computation of the number of acres in the Critical Area District;
(8)
Total number of lots and/or parcels to be recorded that are in the
Critical Area District and outside the Critical Area District;
(9)
Total area of lots and/or parcels, including widening strips in the
Critical Area District;
(10)
Total area of roadways to be recorded;
(11)
Total area of subdivision to be recorded; where density restrictions
apply; and the acreage dedicated to the development;
(12)
Total area of subdivision or portions thereof to be recorded
in the Critical Area District;
(13)
Residential density in the Critical Area District;
(14)
Accurate outlines (metes and bounds) of any common or reserved
areas or portions of lots to be maintained by covenant, easement,
or similar approved instrument, impermanent forest cover, including
existing forested areas, reforested areas, and afforested areas;
(15)
Accurate outlines of any areas to be maintained as resource
protection use (e.g., agriculture, natural parks, forest, etc.); and
(16)
Accurate outlines of any areas to be maintained as permanent
wildlife and plant Habitat Protection Areas.
D.
Space shall be provided on the final plat for signatures and dates
indicating certificate of approval by the following:
E.
Preparation of final plat.
(1)
Final plats for subdivisions of one lot to five lots shall be prepared
on sheets of either 8 1/2 inches by 13 1/2 inches and recorded
in the Land Records of the Clerk of the Circuit Court or sheets 18
inches by 24 inches and recorded in the Plat Records of the Clerk
of the Circuit Court.
(2)
Final plats for subdivisions of six or more lots shall be prepared
on sheets of 18 inches by 24 inches and recorded in the Plat Records
of the Clerk of the Circuit Court.
(3)
Statements and certificates.
(a)
The following statement by the responsible owner, partnership,
corporation or developer, as appropriate and representing all parties
having proprietary interest in the property, shall be provided on
the plat:
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"The undersigned owners and all parties having proprietary interest
in this property hereby adopt this plan of subdivision, establish
the minimum building restriction lines, and dedicate the streets,
alleys, walks and other areas as specified. The streets, roads, open
spaces and public sites shown herein and the mention thereof in deeds
are for the purpose of description only, and recording of the final
plat shall not be deemed to constitute or effect an acceptance by
the Town Council; acceptance by the Town may be accomplished by a
subsequent appropriate act. A utility easement is established 10 feet
in width binding on all rights-of-way for the installation and maintenance
of public utilities."
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(Date)
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(Signature)
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(Witness)
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(Name Printed)
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(b)
The following statement shall be added to the final plat:
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"I hereby certify that the plan shown hereon complies with conditions
of approval granted by the Town of Chesapeake Beach Planning and Zoning
Commission on __________________."
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or
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"This subdivision satisfies the conditions of preliminary approval
granted by the Town of Chesapeake Beach Planning and Zoning Commission
on ______________________."
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Calvert County Director of Planning and Zoning
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Date
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[Amended 2-28-1986 by Ord. No. O-86-29]
A.
General. Plans for improvements, either proposed by the developer
or required by Town, county or state regulations, will be prepared
by the developer for approval by the appropriate public authorities.
B.
Construction. All construction work or improvements shall be subject
to inspection during construction and to approval by appropriate public
authorities upon completion of construction.
C.
Erosion and sediment control. Plans and stormwater management plans
shall be prepared by the developer and submitted for approval in accordance
with the applicable ordinances of Calvert County.
D.
The applicant shall file four copies of the public improvements plan
with the final plat.
E.
The applicant for a subdivision in the Critical Area District shall
prepare and submit a planting plan and/or forest management plan for
areas where planting, foresting or afforesting is required, a shore
erosion protection plan for areas of eroding shore to be stabilized,
and a mitigation plan where mitigation of impacts to nontidal wetlands
is required.
F.
The applicant for a subdivision in the Critical Area District must
submit a detailed proposal, including covenants, agreements, and other
specific documents showing ownership and method of assuring perpetual
maintenance to be applied to those areas of common open space, recreation
areas, and habitat and resource protection areas in the development
or portions thereof that are located in the Critical Area District.
[Amended 2-28-1986 by Ord. No. O-86-29]
The above requirements for preliminary and final plats and for
the supporting data may be modified by the Planning and Zoning Commission.
In subdivisions requiring no new streets, and in the case of resubdivision,
the requirements for the contours may be waived at the discretion
of the Planning and Zoning Commission.
[Added 11-5-1997 by Ord.
No. O-97-8]
A.
Any recorded subdivision plat, or any part thereof, may be modified
or vacated by the Planning and Zoning Commission upon receipt and
approval of a written petition by the owner(s) of all of the property(s)
subject to the portion of the recorded plat to be modified or vacated,
according to the provisions of this section.
B.
The petition shall consist of a request that the subdivision plat be modified, totally vacated, or partially vacated (with a designation of those parts to be vacated), the consent of all owners of properties subject to said plat, a copy of the existing plat, a title report executed by an attorney admitted to practice law in the State of Maryland for all properties subject to said plat and written evidence that all persons or entities, whether public or private, who have any rights or interests created by said plat, have been notified as provided by Subsection C below.
C.
All persons or entities, whether public or private, who have any
rights or interested created by the existing plat shall be given written
notice of the intent to modify or vacate said plat, which notice must
state that they have an opportunity to provide written comments to
the Planning and Zoning Commission within 30 days of the receipt of
said notice, or before any later date set by the Commission, said
date not to be less than five days prior to the consideration of the
petition by the Commission.
D.
The Planning and Zoning Commission shall, by resolution, approve
the modification or vacating of a subdivision plat upon a finding
that all of the following conditions have been met:
(2)
That all dedicated rights-of-way for public use or easements for
any public utility, storm drainage course, floodplain, public access
roadway, alley or street, or dedicated public facility created by
the subdivision plat to be modified or vacated, which inure to the
benefit of Chesapeake Beach, Maryland, have been released by an appropriate
resolution of the Town Council.
(3)
That all dedicated rights-of-way for public use or easements for
any public utility, storm drainage course, floodplain, public access
roadway, alley or street, or dedicated public facility created by
the subdivision plat to be modified or vacated, which inure to the
benefit of any governmental entity, have been released by an appropriate
resolution of said entity.
(4)
That if any persons, agencies or entities having rights in any area
proposed to be modified or vacated shall have imposed conditions to
their consent, said conditions shall be incorporated into the resolution
of the Planning and Zoning Commission and the instrument to be recorded
in the land records of Calvert County, Maryland.
(5)
That no instrument has been recorded in the Land Records of Calvert
County, Maryland subsequent to the original recording of the subdivision
plat which incorporates or makes reference to said plat which has
not been released by a document properly recorded in the Land Records
of Calvert County, Maryland.
E.
Upon a resolution approving the modification or vacating of a subdivision
plat, the petitioner(s) shall submit a written, recordable instrument
which identifies the plat to be modified or vacated. The Chairman
of the Planning and Zoning Commission is authorized to execute said
instrument for the purposes of ratifying the modification or vacation
of said plat. The Town shall record said instrument in the Land Records
of Calvert County, Maryland.
