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, 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.
Editor's Note: Said article was repealed by Acts 2012, 426, § 1, effective 10-1-2012. See now Land Use Article.
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.
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.
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.
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.
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.
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:
The preliminary plan shall be approved by the Planning Commission within 70 days after the effective date of these regulations.
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.
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.