Charles County, MD
 
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Table of Contents
Table of Contents

§ 278-43 Purpose.

The purpose of this article is to establish the basic and minimum design and improvement standards that will be required as a condition to development or that are to be provided in conjunction with development for subdivisions. Standards exceeding these minimum requirements may be provided by the applicant or required by the Planning Commission. This article promotes development that is harmonious with the existing environment and provides guidelines and standards to protect the public health, safety and welfare.

§ 278-44 General site design standards.

A. 
Site design and environmental features analysis. The characteristics of the development site shall be detailed in an analysis which may include the following, as appropriate: site context and history; geology, soil and topography; vegetation, fauna and ecology (including the known location of any threatened or endangered species); visual features and their context; past and present use of the site; existing structures; and road networks. Other features and information may be included in the site analysis and may be required during plan review. At a minimum, an environmental features analysis and/or assessment containing the information necessary to demonstrate consistency with the Forest Conservation Ordinance[1] and the critical area program is to be provided with the preliminary subdivision plan application.
[Amended 6-19-2012 by Bill No. 2011-11]
[1]
Editor's Note: See Ch. 298, Forest Conservation.
B. 
Subdivision design.
(1) 
Design of the development shall take into consideration all existing local and regional plans for the surrounding community including but not limited to the Charles County Comprehensive Plan and the Comprehensive Water and Sewer Plan.
(2) 
Development of the site shall be based on the site analysis. To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity and to minimize negative impacts and alteration of natural features.
(3) 
The following specific areas include, but are not limited to, areas that shall be preserved as undeveloped open space, to the extent consistent with the reasonable use of land, and in accordance with applicable state or local regulations:
(a) 
Unique and/or fragile areas, including tidal and nontidal wetlands as defined in the Charles County Zoning Ordinance.[2] This information is to be field verified by on-site inspection on the property and within 100 feet of the property boundary.
[2]
Editor's Note: See Ch. 297, Zoning Regulations.
(b) 
Priority forest stands and/or specimen trees consistent with the Charles County Forest Conservation Ordinance.[3]
[3]
Editor's Note: See Ch. 298, Forest Conservation.
(c) 
Lands in the floodplain.
(d) 
Steep slopes in excess of 25% or as required by resource protection zone or critical area regulations, as measured over an area of 10,000 square feet, except where it is demonstrated that appropriate engineering measures concerning slope stability, erosion and resident safety are being taken.
[Amended 6-19-2012 by Bill No. 2011-11]
(e) 
Habitats of rare, threatened and endangered species, as identified by the Secretary of the Maryland Department of Natural Resources or by the Federal Endangered Species Act.
(f) 
Other significant ecological areas, including but not limited to forest interior dwelling bird habitat, fish spawning areas, colonial waterbird nesting sites and submerged aquatic vegetation.
(g) 
Historically significant structures and sites, as listed on federal, state or County lists of historic places or as eligible for inclusion on the National Register of Historic Places.
(h) 
Information for off-site delineation of the above items, beyond the 100 feet specified, may be based upon the most recent topographic and historical information available at the time of submittal, provided that the sources used are clearly specified on the plan or plat document; and
(i) 
The Critical Area Buffer as set forth in § 297-130 of the Zoning Ordinance.
[Added 6-19-2012 by Bill No. 2011-11]
(4) 
The development shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to avoid unnecessary impervious cover, to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage and utilities on neighboring properties.
(5) 
Area of special geotechnical consideration.
[Added 12-5-1999 by Ord. No. 00-89]
(a) 
A geotechnical report will be required, including a preliminary soils condition report at the time of preliminary plan application for new construction in the portion of the County designated as the "area of special geotechnical consideration" per Appendix F.[4] The geotechnical report shall be prepared by a professional engineer licensed in the State of Maryland who is hired by the County and paid for by the applicant. The geotechnical report shall identify all unstable soil conditions and make recommendations for construction requirements where the unstable soil conditions exist. Unstable soil conditions shall include, but not be limited to, high shrink/swell or other unstable soil conditions as determined by the geotechnical engineer. These recommendations shall become a part of the construction permit requirements.
[4]
Editor's Note: Appendix F is included as an attachment to this chapter.
(b) 
The geotechnical construction recommendations shall include all the necessary requirements for roads, grading, drainage, stormwater management, water and sewer, building, foundations, landscaping, utilities and any other construction as determined by the County.
C. 
Circulation system design.
(1) 
The road system shall be designed to permit the safe, efficient and orderly movement of traffic; to meet but not exceed the needs of the present and future population in the area to be served, as established by the Comprehensive Plan; to have a simple and logical pattern; to provide interparcel connectors to alleviate traffic congestion and to facilitate access for emergency vehicles, without promoting through traffic on local residential streets; to respect natural features and topography; and to present an attractive streetscape.
(2) 
Nonresidential developments are to provide shared or coordinated entrances to streets classified as collector streets or greater.
(3) 
The pedestrian system shall be located as required for safety. In conventional developments, walks shall be placed parallel to the road, with exceptions permitted to preserve natural features or to provide visual interest. In other developments, walks may be placed away from the road system, but they may also be required parallel to the road for safety reasons. (See Article VII for road and sidewalk standards.)
(4) 
In order to discourage speeding, speed control measures, as defined and determined by the Road Ordinance,[5] may be required on existing roadways when road connections are made through existing communities.
[Added 5-12-2015 by Bill No. 2015-04]
[5]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.

§ 278-45 Adequate public facility standards.

A. 
As required by the Charles County Zoning Ordinance,[1] no preliminary subdivision plan shall be approved unless the Planning Commission first determines that the proposed subdivision will not adversely affect the adequacy of public facilities serving the area, project, or development.
[1]
Editor's Note: See Ch. 297, Zoning Regulations.
B. 
Every subdivision shall conform in the provision of water supply objectives, policies and sewage disposal to the guidelines set forth in the County's Comprehensive Water and Sewer Plan.
C. 
Where the subdivision contains sewers, sewage treatment plants, water supply systems, park areas or other physical facilities necessary or desirable for the welfare of the area and which are of common use or benefit and which are of such character that the County or other public agency does not desire to maintain, then provision shall be made by legal arrangements incorporated into the deed restrictions and which are acceptable to the County Commissioners for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivision.

§ 278-46 Lot and block standards.

Every lot approved for development should be designed to adequately provide for the reasonable use of the lot consistent with the nature of the uses permitted in the zoning district. Lot sizes and shapes vary within a given project or zoning district, due to design constraints such as road access or design, resource protection zone requirements, buffers, utility installations and other matters. As a result, the ability of a property owner to develop, expand or otherwise use a lot may be limited if care is not taken to coordinate these design constraints. The requirements of this section are intended to provide standards for the creation of lots which can be appropriately used by the property owner and residents.
A. 
In general, intersecting roads, which determine block length, shall be provided at such intervals as necessary to meet existing road patterns, topography and requirements for safe and convenient vehicular and pedestrian circulation. Residential blocks generally shall not exceed 1,600 feet in length nor be less than the minimum intersection spacing set forth in the Charles County Road Ordinance,[1] with the block width generally being sufficient to allow two tiers of lots of appropriate depth. Exceptions to this prescribed block width may be permitted in blocks adjacent to major roads, railroads, utility easements or waterways. When blocks are greater than 1,000 feet long, special consideration should be given to the provision of pedestrian ways within the block, as needed. Nonresidential blocks shall be of such length, width and other design as the Commission finds necessary for the prospective use, including adequate provision for off-road parking, truck loading and unloading, buffer areas, pedestrian movement and proper vehicular access to adjacent roads.
[1]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.
B. 
Usable lot area required. The following general standards are to be used for guidance in the design of a lot, in order to provide a reasonable area for the use of that lot consistent with the Zoning Ordinance:[2]
(1) 
Excessive depth in relation to width should be avoided, with a proportion of two to one normally considered a desirable maximum for lot widths of 60 feet or greater.
(2) 
All lots must provide contiguous usable area for the construction of a principal structure, including decks, patios and accessory structures consistent with the nature and use of the property and housing type.
(3) 
The Planning Director may require that the usable lot area for any lot be shown during preliminary subdivision plan or final plat review. The area designated on the lot for a septic easement, if necessary for the particular lot, is not required to be within the usable lot area as defined by this section.
(4) 
For single-family detached dwellings, usable lot area is not to include any portion(s) of the lot separated by a section of that lot less than 35 feet in width. The Planning Commission may approve single-family detached lots with this constraint only if the constraint is the result of an existing condition.
(5) 
The Planning Director may refer any minor subdivision to the Planning Commission for review if the application does not appear to adequately address any of the requirements of this subsection.
[2]
Editor's Note: See Ch. 297, Zoning Regulations.
C. 
Lot frontage.
[Amended 4-3-2013 by Bill No. 2013-03]
(1) 
All residential lots, other than public use lots as defined by this section, shall abut a public road or private right-of-way for at least the minimum frontage required for the zone in which the lot is located, unless as otherwise permitted per § 278-80. Lots may only be designed to abut a private road/drive, provided that the private road/drive meets the design standards stipulated in the Charles County Road Ordinance, and the private right-of-way connects to and abuts a public road. All such lots shall be designed so as to provide a usable alignment, per the Charles County Road Ordinance, that is safe and convenient for vehicular and pedestrian access to the road. Lots for single-family attached dwellings may satisfy this frontage requirement if the lots abut a private road as defined by the Charles County Road Ordinance.
[Amended 1-31-2017 by Bill No. 2016-11]
(2) 
A nonresidential lot is not required to have public road frontage, provided that the lot is created as a part of a subdivision development with an internal circulation network where the lot is served by an access road or service road, designed as an integral part of the overall development.
D. 
Lot lines. Side lot lines should generally be at right angles to straight road center line and radial to curved road center lines.
E. 
Lot area. Lots for residential or nonresidential uses shall meet the minimum standards required by the Zoning Ordinance,[3] except public use lots as defined by this section. In no case shall any new residential lot hereafter platted be of less size or width than what is described in the Zoning Ordinance for said zoning district in which the lot is located.
[3]
Editor's Note: See Ch. 297, Zoning Regulations.
F. 
Corner lots. Corner lots should be of sufficient width and depth to equal noncorner lots in subdivision plus sufficient area to comply with the required minimum front yard building setback line on each road frontage.
G. 
Double-frontage lots. Double- (or "through" and "reverse") frontage lots shall be prohibited except where employed to prevent excessive vehicular driveway access to roads, to separate residential areas from other areas of conflicting land or traffic use or to overcome specific disadvantages of topography and orientation.
H. 
Land remnants. Remnants of land that exist after the subdivision of a parent parcel that have no apparent future use defined by the subdivision application that can be properly controlled, or is unbuildable according to the Zoning Ordinance or other state or local regulation, shall be incorporated into the lots of the proposed subdivision or right-of-way.
I. 
Public use lot. A parcel of land which is designated not to be used as a residential lot and is to be dedicated to the County, the state or any entity other than the homeowners' association shall be subject to the following:
(1) 
The lot shall be demonstrated to be acceptable to the future property owner, organization or agency, including reasonable access and maintenance.
(2) 
Written acknowledgment by the future property owner, organization or agency is to be provided prior to preliminary subdivision plan approval.
(3) 
The proposed use of the lot is clearly specified on the subdivision plan and plat and determined to be an appropriate use by the Planning Commission as a part of the preliminary subdivision plan approval process.
(4) 
Appropriate deed restrictions are recorded with the final subdivision plat.
J. 
Residue. Any area of a parcel which is associated with the subdivision and is of sufficient size and configuration to be eligible for additional subdivision in the future shall be labeled as "residue." Public rights-of-way shall be extended to provide future access to all such areas, unless direct access to a public road is available to serve the residue, without environmental or topographic constraints and in a manner consistent with the Charles County Road Ordinance. Preliminary subdivision plan or final plat applications, which create or modify residues, shall illustrate and provide in acres the entire remaining residue parcel on a vicinity map or as an insert.
[Amended 4-3-2013 by Bill No. 2013-03]
K. 
Building restriction lines.
(1) 
The minimum front yard setback shall be delineated for all lots on a subdivision plan, and labeled as the building restriction line, providing the relevant distance as stated in the Zoning Ordinance.[4]
[4]
Editor's Note: See Ch. 297, Zoning Regulations.
(2) 
The rear building restriction line shall be shown on the subdivision plat for any irregularly shaped lot, cul-de-sac or radial lots, flag lots or others as required by the Planning Director where an overlap between the lot line and any utility easement, forest conservation easement or other feature which may impact upon the use and enjoyment of the lot, per Subsection L below. The line shall be drawn pursuant to the guidelines of the Zoning Ordinance.
(3) 
In all cases, an additional depth of at least 20 feet over the typical lot depth shall be required on residential lots less than one acre that back up to railroads, unless a buffer yard is provided between the lot and the railroad right-of-way that is consistent with the Zoning Ordinance and these regulations.
L. 
Encroachments or restrictions on residential lots.
(1) 
Any area of land designated in a subdivision, including but not limited to required buffer yards, open space buffers, RPZ buffers, forest conservation easements, stormwater management facilities or drainage easements must not encroach onto any individual residential lots of one acre or less in such a way as to reduce the minimum usable lot area for the lot required per Subsection B above or to restrict the reasonable use of the property consistent with the zoning of the property.
(2) 
The Planning Director may require that all building restriction lines and proposed house locations are to be shown for any lot with an encroachment, as shown on the preliminary subdivision plan and/or the final subdivision plat. The Planning Director is to notify the applicant in writing during TRC review for a preliminary subdivision plan, or during final subdivision plat review, but in either case prior to recommending the plan or plat to the Planning Commission for action.
M. 
Access for flag lots. The flag stem providing access to a flag lot must be found to be a usable alignment based on topography, agricultural use and property limits. In order to provide adequate and safe access for residents and for the provision of emergency services, access easements to flag lots in Tiers 1 through 3 shall not be longer than 750 feet in length unless specifically approved by the Planning Commission. These easements are not to be less than 30 feet in width for any access easement for two or more residential lots and must be a usable alignment providing direct access to a public road. For easements in Tier 4 that are longer than 750 feet, one bypass area is required, plus an additional bypass area is required for each increment of 750 feet. Design requirements, including but not limited to pavement widths, passing areas, turnarounds or alignment are contained in the Charles County Road Ordinance.[5] A shared access easement for a flag lot shall be created for lots in major subdivisions with proposed public roads only after receiving a modification per § 278-104 of these regulations from the Planning Commission.
[Amended 1-31-2017 by Bill No. 2016-11]
[5]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.
N. 
Outlots. A previously approved term, used for undevelopable lots and parcels, is no longer permitted. As part of a subdivision application, any parcel of land that is not considered buildable is to be consolidated as a land remnant with an adjoining lot or dedicated as open space. This provision does not apply to outlots recorded prior to April 3, 2013.
[Amended 4-3-2013 by Bill No. 2013-03]
O. 
Irregularly shaped lots. In general, the subdivision may be approved with irregularly shaped lots which contain one or more interior angles of less than 60° or greater than 240°, not including ingress/egress areas, subject to the following criteria:
(1) 
Topographic, environmental, existing property boundaries, requirements associated with other regulations and/or criteria established by the developer that support establishment of that lot shape.
(2) 
Existing and proposed drainfield locations must be shown on the preliminary plan for all such lots and on the final plat. Drainfield locations as shown must be verified by the Health Department prior to any approval action.
(3) 
Existing buildings or other physical improvements which are to remain.
(4) 
All criteria described in Subsection B above have been met.
P. 
Cemetery ingress/egress easements required. An appropriate easement is to be provided for any burial site located on a parcel subject to subdivision plat, which allows for ingress and egress to the burial site by persons related by blood or marriage; or persons or interest, as defined by the State Code Real Property Article. Improvements are not required to exceed any right-of-way existing at the time of subdivision.
Q. 
The applicant is responsible with providing all of the information required by this section as a part of the preliminary subdivision plan or final plat submittal for review.

§ 278-47 Revisions to approved preliminary subdivision.

A. 
Application for revision. Before any revision to any approved preliminary plan can be reviewed, the applicant must provide the following to the Planning Director for review:
(1) 
The preliminary subdivision name and Planning Commission approval date, plus the date of any extensions and the dates of any previous revisions, if applicable.
(2) 
The zoning of the property at the time of the latest Planning Commission approval or extension and the current zoning.
(3) 
A description of the proposed redesign/revision, including information concerning proposed changes to lot lines, public or private roads, open space areas, easements, dwelling unit types and other plan information.
(4) 
Two copies of the approved preliminary plan and two copies of a drawing showing the proposed redesign/revision.
(5) 
The rationale or reason for the proposed redesign/revision.
(6) 
The status of the development (e.g., partially complete, engineering plans under review, etc.).
B. 
Minor redesigns/revisions to preliminary plans.
(1) 
Minor redesigns/revisions to an approved preliminary subdivision plan are to be reviewed within 10 days by the Planning Director. The Planning Director may require that the minor redesigns/revisions be re-reviewed under the regulations in effect at the time of the most recent approval or extension of the plan.
(2) 
The applicant shall be notified within five days if the application is incomplete or if additional information is required. Incomplete submittals may result in delays or return of the entire application.
(3) 
After the entire redesign/revision application and additional information has been submitted, the Planning Director shall determine if the application qualifies as a minor revision. Changes to any of the following factors, or others as determined by the Planning Director, may result in the application being designated as a major revision:
(a) 
Relocation, extension or deletion of roads or rights-of-way or sections of roads or rights-of-way.
(b) 
Relocation, addition or deletion of access points, including interparcel connections.
(c) 
Increases in the number of lots or units, significant changes (greater than 10% in the average lot size or major changes to lot configuration).
(d) 
Adjustments in the location, configuration, size and use of open space.
(e) 
Relocation, addition or deletion of areas covered by easements.
(f) 
Changes in dwelling unit types.
(4) 
If the redesign/revision is considered to be minor, additional copies of the revised preliminary plan shall be requested from the applicant for review by the Department of Planning and Growth Management for review. Members of the TRC may be asked to participate in the review of the application.
(5) 
The Planning Director shall review the application and may administratively approve the minor revision to the approved preliminary plan. The Planning Director shall formally notify the applicant, and notify any state or County agencies which may have an interest in the decision. The administrative approval of the plan does not affect any expiration dates in effect at the time of minor revision approval.
(6) 
If the Planning Director does not approve the minor revision, or if the application is not accepted into review as a minor revision, the reasons and regulatory constraints by which the decision was made shall be provided to the applicant within 10 days. The applicant shall have 30 days to proceed with one of the following options:
(a) 
Revise the proposal, addressing all the stated issues; the minor revision then returns to Subsection B(4) above;
(b) 
Resubmit the proposal as a major revision to a preliminary plan, consistent with Subsection C below, including any additional fees, if applicable; or
(c) 
Petition the Planning Commission for reconsideration of the determination of the Planning Director.
C. 
Major revisions to preliminary subdivision plans. All major revisions shall be submitted, processed, reviewed and recommended to the Planning Commission as a new application, as described in these regulations. The revision is to reflect the current zoning, road, adequate public facilities, stormwater management and forest conservation ordinances, as well as any other state or local regulations, as they apply to the revised portion of the plan. Any portion of the plan not affected by the revision is not required to comply, unless that compliance is necessary due to the nature of the major revision. Unless specifically approved by the Planning Commission in accordance with § 278-24, the approval of the major revision does not have any effect upon the expiration date of the preliminary subdivision plan.

§ 278-48 Cluster subdivisions and planned developments.

A. 
Cluster standards. The design of all suburban cluster and mixed residential cluster subdivisions shall comply with the design standards of these regulations and the minimum standards of the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 297, Zoning Regulations.
B. 
Planned developments. All such developments shall be designed and developed according to the standards of these regulations, the Zoning Ordinance, the adopted Master Plan and General Development Plan for that development and any applicable laws and ordinances.

§ 278-49 Reservation or dedication of land for parks, open space, schools and other public facilities.

A. 
The adequate provision of sites for parks, open space, schools and other public facilities as indicated in the Comprehensive Plan shall be taken into consideration during the design and subsequent review of the subdivision plan. Where such facilities are shown and located in the Comprehensive Plan, or where the Deputy County Administrator for Planning and Growth Management otherwise determines that a portion of the land is required for such public facilities that are indicated on other plans as approved by the County Commissioners, the applicant shall dedicate the appropriate portion of land to the County or be required to reserve such sites for a period not to exceed two years after preliminary subdivision plan approval, during which time the County shall either acquire the property, release the reservation or make other arrangements agreeable to the applicant.
B. 
The Planning Commission, in its discretion, shall require from each subdivision either a dedication of land to the County for public facilities or for recreational purposes. This land can be for a neighborhood or community park, or for a facility to be operated by the County in accordance with the provisions set forth in these regulations.

§ 278-50 Land suitability.

A. 
The Planning Commission may approve preliminary and final plats, or any part thereof, if the subdivider demonstrates that the proposed improvements to the land for a development proposal will make it suitable for the intended use subject to the requirements contained in this and other applicable regulations.
B. 
All improvements necessary to make land suitable for development shall be in full compliance with any laws and ordinances regulating such improvements and with any conditions as may be required by the Planning Commission to reduce risks to health and safety.

§ 278-51 Forest conservation, landscaping and tree planting standards.

A. 
Priority forests and specimen trees are to be preserved pursuant to the requirements of the Charles County Forest Conservation Ordinance or the Chesapeake Bay critical area requirements of the Zoning Ordinance.[1] Preliminary and final plats shall indicate the limits of all forest conservation easements.
[1]
Editor's Note: See Ch. 298, Forest Conservation, and Ch. 297, Zoning Regulations, respectively.
B. 
Where extensive natural tree cover and vegetation do not exist, afforestation shall be provided consistent with the Charles County Forest Conservation Ordinance.
C. 
Street trees required. Trees shall be planted along the roadways on the property of any subdivision in a manner approved as a part of the subdivision review process. Such trees are to be planted in a manner consistent with the Charles County Road Ordinance.[2] In the Waldorf Activity Center Zones (WC and AUC), a minimum of one shade tree shall be planted for every 40 linear feet of frontage along public roadways and major private streets. In all other zones a minimum of one tree shall be planted for every 50 feet of frontage along each road. The Planning Commission, upon recommendation of the Planning Director, may grant a waiver from these requirements. Such waiver shall be granted only if there are trees growing along such right-of-way or on the abutting property which in the opinion of the Planning Commission, comply with these regulations.
[Amended 4-13-2010 by Bill No. 2010-04]
[2]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.
D. 
Within the Development District:
[Amended 4-13-2010 by Bill No. 2010-04]
(1) 
In the Waldorf Activity Center Zones (WC and AUC), trees planted in excess of the minimum of one tree per 40 feet may be considered for forest retention credit, consistent with the requirements of the Charles County Forest Conservation Ordinance.
(2) 
In all other zones, trees planted in excess of the minimum of one tree per 50 feet may be considered for Forest Retention Credit, consistent with the requirements of the Charles County Forest Conservation Ordinance.

§ 278-52 Habitat protection areas.

A. 
Habitat protection plan. A plan shall be developed by the applicant and submitted for review and approval by the Planning Director. The habitat protection plan shall be submitted concurrently with the preliminary subdivision plan application, and subsequently updated and included in the final subdivision plat process, if applicable. The purpose of this plan is to address the protection of the habitats of rare, threatened and endangered species identified in § 278-44B of this article. Requirements contained in other regulations and ordinances may contain additional areas which are subject to protection.
B. 
All subdivision plans submitted shall indicate the location of federal and state rare, threatened and endangered species habitats, habitat protection areas identified by the Maryland Department of Natural Resources and wetlands of special state concern. The applicant shall work with the Maryland Department of Natural Resources, with assistance from County staff, to identify and develop habitat-protection measures. The habitat-protection measures described in the plan shall be incorporated into the overall design of the subdivision in order to minimize adverse impacts and to preserve habitats of endangered and threatened species.
C. 
Notes shall be placed on the preliminary plan and the final subdivision plats outlining protective measures for the identified habitat or species which are confirmed to be in the area. These measures may be in the form of management guidelines, restrictive covenants, deed restrictions or similar measures if determined by the Planning Director to be appropriate.

§ 278-53 Chesapeake Bay Critical Area Overlay Zones.

[Amended 6-19-2012 by Bill No. 2011-11]
The standards and requirements outlined in the Charles County Zoning Ordinance, Article IX,[1] shall be considered minimum standards and requirements for this section.
A. 
The following standard notes shall be included on all subdivisions and/or plats containing property within the critical area:
1.
"This property/a portion of this property is located within the __________________ Zone Overlay of the Chesapeake Bay Critical Area."
2.
"Site tabulations:
Total area: ______________
Total area in CBCA: ______________
Total area outside CBCA: ______________
Total area of CBCA: ______________ exclusive of tidal waters or wetlands (if applicable)
Existing allowable CBCA density: ______________
Proposed CBCA density ______________"
3.
"There shall be no clearing, grading, construction, or disturbance within the Critical Area Buffer except as may be permitted by the Charles County Planning Division."
For properties within the Resource Conservation Zone Overlay or Limited Development Zone Overlay:
1.
"Total existing lot coverage: ______________
Total proposed lot coverage: ______________
Total existing forest coverage: ______________
Total proposed forest coverage: ______________"
For properties subject to intrafamily transfer:
1.
Lot(s) __________ are created under the provisions of a bonafide intrafamily transfer and may not be transferred or sold to a third party who is not a member of the owner's immediate family or holder of a mortgage or deed of trust on the property, unless approved by the Planning Commission.
B. 
Variations of the above notes may be approved by the Planning Director or his or her designee.
C. 
The Planning Division or the Planning Commission may require additional notes based upon the nature of the plat.
[1]
Editor's Note: See Ch. 297, Zoning Regulations.

§ 278-54 Forest conservation easement plat notes.

All subdivision final plats are to provide the limits and boundaries of any forest conservation easements and all plat notes and requirements as described in the Charles County Forest Conservation Ordinance, and the following note is to be placed in the general notes for every subdivision final plat:
THIS PLAN OF SUBDIVISION IS SUBJECT TO A FOREST CONSERVATION EASEMENT AS RECORDED IN THE LAND RECORDS OF CHARLES COUNTY AND IS ALSO SUBJECT TO A FOREST CONSERVATION PLAN AS FILED IN F.C. FILE #__________ IN THE CHARLES COUNTY PLANNING OFFICE.

§ 278-55 Historic, archeological sites, and designated scenic and/or historic roads.

[Amended 11-9-2010 by Bill No. 2010-16; 11-9-2010 by Bill No. 2010-17]
A. 
The preservation of existing features which add value to land development within the County or to the County as a whole, including natural or man-made assets of the County such as historic sites, historic or architecturally significant buildings, scenic and/or historic roads as designated by Charles County per the designation process set forth in the Charles County Zoning Ordinance,[1] vistas, archaeological resources, and similar irreplaceable assets should be preserved, insofar as possible, through harmonious and careful design.
[1]
Editor's Note: See Ch. 297, Zoning Regulations.
B. 
All preliminary subdivision plans submitted shall show any historic resources identified on the National Register of Historic Places, the Maryland Trust historic sites survey, or the Charles County Comprehensive Plan historic sites map, or designated scenic and/or historic roads, shall identify cemeteries, burial grounds, and known archaeological sites.
C. 
The significance and integrity of all existing historic and archaeological resources within a proposed subdivision shall be evaluated. The applicant shall propose a scheme for the protection and preservation of such resources, which shall be reviewed and subject to the approval of the Planning Commission.
D. 
If good cause is shown that a historic resource cannot be preserved, and is accepted by the Planning Commission, that resource shall be documented according to the standards established by the Historic American Building Survey (HABS).
E. 
In the case of a proposed subdivision adjacent to a historic or archaeological resource, or scenic and/or historic roads, adequate buffering and screening shall be provided.
F. 
The applicant shall identify designated scenic and/or historic roads in, or adjacent to, the project area. The applicant shall identify historic and scenic qualities and propose on the preliminary or site plan protection of such resources based on the goal of protecting the scenic or historic qualities of the road per the definitions established in the Charles County Zoning Ordinance. Whenever feasible, for development outside of the right-of-way along a designated scenic and/or historic road, proposed project improvements shall be consistent with context sensitive solutions as documented in the Maryland State Highway Administration Guidelines for such.
G. 
Application of this section shall not result in the loss of otherwise buildable lots. However, this provision shall not be interpreted or used as a means to recover base density that may be lost due to the application of other County, state, or federal requirements during the normal subdivision review process.

§ 278-56 through § 278-57. (Reserved)