The purpose of these Subdivision Regulations is to assure the
reasonable and consistent development of land within Charles County
in order to promote the public health, safety and general welfare
and to provide for the creation of development sites suitable for
building purposes and human habitation and to provide for open space
in a harmonious environment.
These regulations shall take effect on August 1, 1996.
Under the authority of Article 66B of the Annotated Code of
Maryland,[1] the following regulations governing the subdivision of
land are hereby established for all areas of Charles County, except
those areas within incorporated towns of the County where the town
has adopted regulations for the control of subdivisions.
[1]
Editor's Note: Said article was repealed by Acts 2012, 426,
§ 1, effective 10-1-2012. See now Land Use Article.
A.
No person may subdivide real property except in accordance with all
of the provisions of these regulations. In particular, no person may
subdivide real property unless and until a final plat of the subdivision
has been approved in accordance with the provisions of these regulations
and recorded with the Clerk of the Circuit Court of Charles County.
B.
The Clerk of the Circuit Court may not record a plat of any subdivision
within the jurisdiction of the County unless the plat has been approved
in accordance with the provisions of these regulations.
No land in a subdivision created after the adoption of these
regulations shall be transferred, sold or offered for sale, nor shall
a building permit be issued for a structure thereon, until a final
plat of such subdivision shall have been recorded in accordance with
these regulations and the provisions of the Annotated Code of Maryland.
It is hereby declared to be the intention of the County Commissioners
that the sections, paragraphs, sentences, clauses and phrases of this
chapter are severable, and if any such section, paragraph, sentence,
clause or phrase is declared unconstitutional or otherwise invalid
by any court of competent jurisdiction in a valid judgment or decree,
such unconstitutionality or invalidity shall not affect any of the
remaining sections, paragraphs, sentences, clauses or phrases of these
regulations since the same would have been enacted without the incorporation
into these regulations of such unconstitutional or invalid section,
paragraph, sentence, clause or phrase.
A.
Unless otherwise specifically provided, the time within which an
act is to be done shall be computed by excluding the day of the precipitating
event or decision and including the last day of the time period. If
the last day is a Saturday, Sunday or legal holiday, that day shall
be excluded, and the next business day shall become the last day.
When the period of time prescribed is less than seven days, intervening
Saturdays, Sundays and holidays shall be excluded.
B.
Unless otherwise specifically provided, whenever a person has the
right or is required to do some act within a prescribed period of
less than seven days after the service of a notice or other paper
upon him and the notice or paper is served by mail, three days shall
be added to the prescribed period.
A.
The requirements of these regulations shall not apply to a final plat submitted for County review and approval prior to the effective date of these regulations, or if the final plat is associated with a preliminary subdivision plan approved in accordance with (or pursuant to) Subsection B below, provided that the final plat shall be prepared according to the requirements described in §§ 278-31 and 278-37 and Appendix A of these regulations.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
The requirements of the Subdivision Regulations in effect prior to
these regulations shall apply to a preliminary subdivision plan approved
prior to, or pending approval on, the effective date of these regulations,
provided that:
(1)
The preliminary plan shall be approved by the Planning Commission
within 70 days after the effective date of these regulations.
(2)
Any preliminary subdivision plan approved under the requirements
of the previous Subdivision Regulations which has not had final plats
recorded for the entire project shall be subject to the requirements
of § 278-25I(1)(e), Conformity review, six years from the
effective date of these regulations.
(3)
If, at the time of conformity review, the land area associated with
more than 50% of the dwelling units or commercial square feet previously
approved with the preliminary subdivision plan has not been recorded
on final plats, the portions of the preliminary subdivision plan which
have not been recorded may be required to conform to these regulations.
