Charles County, MD
 
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Table of Contents
Table of Contents

§ 278-71 Purpose.

These standards are provided to assist in the design and analysis of subdivision plan proposals. The information contained herein is to be used in conjunction with the Charles County Road Ordinance and Zoning Ordinance[1] to determine the nature of a subdivision road or street and to determine the specific design considerations and other aspects as they may apply. In the case of any conflict between these regulations and other County ordinances, the more restrictive design standard shall apply.
[1]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks, and Ch. 297, Zoning Regulations, respectively.

§ 278-72 Functional classification of roads.

A. 
Public roads shall be classified in a hierarchy system with design tailored to function. The functional classification of public roads shall be based on the following criteria:
(1) 
The function of the road within the local road network;
(2) 
The projected average daily traffic (ADT), calculated by trip generation rates prepared using the latest edition of the Institute of Transportation Engineers Trip Generation Manual. Trip generation rates from other sources may be used if the applicant demonstrates that these sources better reflect local conditions; and
(3) 
The ADT limitation criteria as provided below.
B. 
All public roads within and adjacent to a subdivision shall be assigned one of the following functional classifications:
(1) 
Local and minor roads. A public roadway contained within a public right-of-way to provide access to single- or multifamily dwellings and/or commercial areas and which may be connected to other streets or local roads. Such roads should be designed to accommodate up to 1,000 trips per day. Only roads or streets which are classified as such in the Charles County Road Ordinance shall be considered.
(2) 
Collector street. A public roadway which, in addition to providing access to properties abutting thereon, is intended to collect traffic from and distribute it to a series of streets within a neighborhood. Such roads should be designed to accommodate between 1,000 and 3,000 trips per day for minor collectors and over 3,000 trips per day for major collectors serving only one development. Roads serving more than one development or connecting two or more minor collectors, and which are expected to handle more than 1,000 trips per day, shall be considered as major collectors.
(3) 
Parkway. A roadway classed as a major collector, intermediate arterial or a minor arterial, which serves one or more developments and incorporates a planted or landscaped median and limited direct access from adjoining properties. Roads designated as parkways shall be designed and built according to the appropriate minor arterial design standard found in the Charles County Road Ordinance.
(4) 
Arterial. A major road in the transportation system that is designed to carry a high volume of traffic. These roadways serve as conduits for interstate, intrastate and cross County circulation of traffic and are described and indicated in the Comprehensive Plan.
(5) 
Marginal access road. A service or frontage road that is parallel to and adjacent to an arterial road and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial road, and to assure that the flow of traffic on the arterial road is not impeded by direct driveway access from a large number of abutting properties. These roadways are to be privately maintained in commercial areas, except as specifically approved by the Planning Commission. Such roads may be either designated for public or private maintenance in residential developments, as approved by the Planning Commission.
(6) 
Waldorf Urban Road classifications. Roads within the Waldorf Central and Acton Urban Center Zones shall be assigned the appropriate classification as indicated in the Downtown Waldorf Vision Plan and Design Guidelines. Traffic volumes for Waldorf Urban Roads shall be as stated in the Downtown Waldorf Vision Plan.
[Added 4-13-2010 by Bill No. 2010-04]
C. 
Whenever a subdivision road continues an existing road that formerly terminated outside the subdivision or it is expected that a subdivision road will be continued beyond the subdivision at some future time, the classification of the road will be based upon the road in its entirety, both within and outside of the subdivision.

§ 278-73 Coordination with surrounding roads, sidewalks and trails.

A. 
The road system of a subdivision shall be coordinated with existing, proposed and anticipated roads outside the subdivision or outside the portion of a single tract that is being divided into lots (hereinafter, "surrounding roads") as provided in this section.
B. 
Collector roads shall intersect with surrounding collector or arterial roads at safe and convenient locations, in a manner consistent with the Charles County Road Ordinance.[1]
[1]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.
C. 
Local and minor collector public roads shall connect with surrounding roads where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other substantive reasons, but connections shall not be permitted where the effect would be to encourage the use of such roads by substantial through traffic.
[Amended 5-12-2015 by Bill No. 2015-04]
D. 
Whenever connections to anticipated or proposed surrounding roads are required by this section, the road right-of-way shall be extended and the road developed to the property line of the subdivided property, or to the edge of the remaining undeveloped portion of a single tract, at the point where the connection to the anticipated or proposed road is expected. The construction drawing for these extensions are to include proper signage, curb returns, drainage system and other construction details. The design and construction of these connections are required, unless specifically waived in part or completely by the Planning Commission. Such roads over 250 feet in length, or which have a length greater than one lot depth, shall be terminated in temporary turnarounds, and the Planning Commission may require that the temporary turnaround be designed to accommodate public or emergency vehicles.
E. 
Subdivisions shall connect to existing temporary turnarounds, temporary culs-de-sac, interparcel connector stubs or pedestrian access points such as sidewalks, hiker/biker trails or fitness trails. Variations from this requirement shall be specifically approved by the Planning Commission.
F. 
Whenever the proposed subdivision contains or is adjacent to a railroad right-of-way, arterial or expressway rights-of-way or conflicting changes in land uses, the Planning Commission may require marginal access roads, reverse frontage lots, lots with rear service or other such treatment as may be necessary for protection of abutting properties and to afford separation of conflicting types of traffic or land use.

§ 278-74 General layout of roads.

A. 
Loop roads are encouraged so that through traffic on residential roads is minimized. Similarly, driveway access to collector roads shall be minimized to facilitate the free flow of traffic and avoid traffic hazards.
B. 
Permanent dead-end roads shall terminate in culs-de-sac in accordance with the standards set forth in the Charles County Road Ordinance. Except where no other practicable alternative is available, the ADT on such roads are not to be designed to exceed 1,000 trips per day. Greater traffic loading on all dead-end roads may be approved by the Planning Commission in cases of unusual topographic or other conditions. In such cases, the Planning Commission may require additional paving width or a change in road classification to assure adequate carrying capacity for the road.
C. 
Any public road providing the sole access to a development, or a portion thereof, shall not be designed to exceed 1,000 trips per day. Any development generating more than 1,000 trips per day shall be required to have a secondary point of access. If a second access point to the development or the given section cannot be provided, due to unusual topographic or other conditions, then a variation may be approved by the Planning Commission which is found to provide for safe and efficient ingress and egress. A secondary point of access shall directly connect the new subdivision to a second major collector or arterial road. If a secondary point of access cannot be made in the above manner, and a secondary access must be provided through an existing established neighborhood local/minor collector road, then the County may require the developer to install speed control measures on the existing road.
[Amended 5-12-2015 by Bill No. 2015-04]
D. 
Any residential subdivision development, or portion thereof, which contains 500 units must have direct access to at least one major collector roadway. Those developments, or portions thereof, which have more than 1,000 units must have access to a parkway or minor arterial, plus at least one other road classified as a major collector or greater. Any variation from this requirement must be approved by the Planning Commission and must include specific design characteristics and phasing for the alternative proposal.
E. 
Half roads are not permitted. Roads of less than the full required right-of-way and pavement width shall not be permitted except where such roads, when combined with a similar road (developed previously or simultaneously) on property adjacent to the subdivision, creates or comprises a road that meets the right-of-way and pavement requirements of this chapter. When roads are constructed adjacent and parallel to an adjoining property, the right-of-way shall be established at the common property line.
F. 
Roads shall be related appropriately to the topography. In particular, roads shall be designed to facilitate the drainage and stormwater runoff objectives set forth in the Charles County Stormwater Management Ordinance,[1] and road grades shall conform as closely as practicable to the original topography.
[1]
Editor's Note: See Ch. 274, Stormwater Management.
G. 
The maximum grade at any point on a road shall be consistent with the standards of the Charles County Road Ordinance.[2]
[2]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.
H. 
Roads shall intersect as nearly as possible at right angles, and no two roads may intersect at less than the angle specified in the Charles County Road Ordinance. Roundabouts or traffic circles may be approved by the County Highway Engineer after application for a waiver from the requirements of the Road Ordinance. Preliminary approval for such a design must be granted by the County Highway Engineer prior to Planning Commission consideration.
I. 
Whenever possible, proposed intersections along one side of a road shall coincide with existing or proposed intersections on the opposite side of such road. The minimum distance between the intersections of all roads shall be controlled by the Charles County Road Ordinance.
J. 
Portions of a development that are reserved for future conveyance to the County or the state for road rights-of-way or other uses, but are not to be deeded and conveyed at the time of final plat approval, shall be clearly labeled as reserved for conveyance at no cost to the County or state consistent with the requirements of § 278-32.
K. 
Speed control. On local and minor collector residential roads, care must be exercised that the design does not encourage high speeds. The layout of neighborhood roads within the development district shall have built-in speed control using either road geometry or intersection control. Preferred speed control measures include bends, T-intersections, traffic circles and roundabouts. The design standards of the Charles County Road Ordinance shall be used for roadway layout for speed control along residential roads.
[Added 5-12-2015 by Bill No. 2015-04]

§ 278-75 Requirements for development adjoining existing roadways.

Whenever a subdivision is proposed abutting an existing public roadway that does not meet the right-of-way width, pavement width and pavement detail standards contained in the Road Ordinance for the functional classification of the road, the following requirements shall apply:
A. 
The developer shall be required to deed to the County all rights-of-way required on the property to achieve half of the width of the ultimate right-of-way necessary to comply with the standards contained herein or as shown on an approved state or County Engineering plan.
B. 
Roadway and frontage improvements or reconstruction, including paving, curb, gutter and sidewalk where appropriate, shall be required for all commercial subdivisions or major residential subdivisions to provide the full cross-section requirement as specified in the Charles County Road Ordinance for roads located completely within the property. In the case of frontage roads, the developer shall be required to provide roadway and frontage improvements or reconstruction along the frontage of the development proposed as necessary to achieve half of the ultimate design section. The physical construction of such improvements by the developer shall be required. In those cases where there is a project which is not fully funded for construction in the Charles County Capital Improvements Program, the Planning Commission may permit or require a cash payment or a long-term performance bond in lieu of construction. All funds or bonds so provided shall be deposited in a designated account for that specific facility and expended by Charles County for that project.
C. 
Where any major subdivision adjoins an existing unpaved road or where the existing pavement width is less than the standard found in the Charles County Road Ordinance for that road, the new development shall improve that road to the appropriate paved road section to the extent feasible within County- or state-owned right-of-way, from the intersection of the point of access to the project to the first public roadway with a pavement width of acceptable standard per the Road Ordinance.

§ 278-76 Planned improvements.

Whenever a tract to be subdivided adjoins or embraces any part of a public road so designated in the Transportation Plan section of the Charles County Comprehensive Plan, such part of said public road shall be platted and dedicated by the subdivider in the location and at the width indicated on the plan. The exact location shall be established through coordinated review with state and County officials and approved by the Planning Commission.

§ 278-77 Sidewalk requirements.

A. 
Sidewalks, trails and other means of pedestrian circulation shall be included along the frontage of all subdivisions within the Development District for all roads classified as major collectors or greater, unless specifically not required by the Planning Commission. Where a sidewalk or trail exists or is approved for construction on a neighboring property, then the new sidewalk or trail is to be designed in a manner promoting the development of a larger network. All pedestrian systems shall be constructed to meet the standards of the Charles County Road Ordinance,[1] and maintained by the homeowners' association or individual property owner, except as specifically required to be maintained by the County or state.
[1]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.
B. 
The sidewalks required by this section shall be at least four feet in width and constructed according to the specifications set forth in the Charles County Road Ordinance, except that the Department of Planning and Growth Management may approve the installation of walkways constructed with other suitable design and materials when it concludes that:
(1) 
Such walkways would serve the residents of the development as adequately as concrete sidewalks; and
(2) 
Such walkways would be more environmentally desirable or more in keeping with the overall design of the development.
C. 
If the Planning Commission finds that a means of pedestrian access is necessary from the subdivision to schools, parks, playgrounds or other roads or facilities and that such access is not conveniently provided by sidewalks adjacent to the roads, the developer may be required to provide an unobstructed easement of at least 10 feet in width, with the installation of a surfaced path to the site property line, to provide such access.

§ 278-78 General construction standards and specifications.

A. 
Construction and design standards and specifications for roads, sidewalks and curbs and gutters are contained in the Charles County Road Ordinance, and all such facilities shall be completed in accordance with these standards.
B. 
All roadway bridges shall be constructed in accordance with the standards and specifications of the Maryland State Highway Administration.
C. 
Pedestrian bridges may be approved if designed by a licensed architect or engineer and are to be based upon Maryland State Highway Administration standards or other applicable state or federal standards.
D. 
Utilities installed in public rights-of-way shall conform to the requirements set forth in the Charles County Road Ordinance.

§ 278-79 Access to public roads.

A. 
Driveway access to arterial and collectors not permitted. Driveway access may not be provided from lots within a major subdivision to a parkway or arterial road. Driveway access to collector roads for any subdivision may also be limited or prohibited based on the amount of traffic carried and the function of the road within the local road network. Where driveway access from a major subdivision to a collector road may be necessary for several adjoining lots, or for a minor subdivision to any road classified as a collector road or greater, the Planning Commission may require that such lots be served by a shared access driveway in order to limit possible traffic hazards on such road. The developer is responsible for demonstrating that an alternative access route cannot be used for that lot.
B. 
Lot design and collector roads. Where a subdivision adjoins or embraces an existing or proposed collector road or greater classification, the Planning Commission may require that the subdivision be designed so that lots are accessed from a parallel local street and do not access onto the collector road or greater classification. If the lot is oriented so that the rear or side of the building is towards the collector road or greater classification, screening and buffering shall be provided along the property line of such lots.
C. 
Shared access driveways. Access to adjacent lots with frontage on a public road may be provided by a shared access driveway. Shared access driveways shall be designed consistent with the standards for private drives specified in the Charles County Road Ordinance.
D. 
Driveway entrances. All driveway entrances and other openings onto roads within the County jurisdiction shall be constructed so that:
(1) 
Vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians or vehicles traveling on abutting roads; and
(2) 
Interference with the free and convenient flow of traffic on abutting or surrounding roads is minimized.
E. 
Specifications for driveway entrances are set forth in the Charles County Road Ordinance.

§ 278-80 Private rights-of-way and access easements.

A. 
The Planning Commission shall not approve any preliminary or final subdivision which proposes, creates or leaves as residual a landlocked parcel of land.
B. 
Private rights-of-way. New lots for single-family detached buildings may be provided on a private right-of-way only after being found to comply with the following criteria:
[Amended 1-31-2017 by Bill No. 2016-11]
(1) 
All lots must be greater than three acres in size, unless using the cluster provisions of the RC, WCD and AC Zones, and be for single-family detached dwelling units or agricultural uses.
(2) 
A private right-of-way being created with the proposed subdivision is a fee-simple portion of the parcel being subdivided and provides the sole access for the area being subdivided.
(3) 
Use of existing private rights-of-way for new lots being created are only permitted where the parcel being subdivided does not have frontage on a public road.
(4) 
There can be no more than seven lots for single-family detached dwellings using the private right-of-way as a shared access.
(5) 
The private right-of-way shall not be less than 30 feet in width. In Tiers 1 through 3, it shall not be longer than 750 feet in length unless specifically approved by the Planning Commission. For private rights-of-way 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. The right-of-way must be found to be a usable alignment based on topography, agricultural use and property limits. Design requirements, including but not limited to pavement widths, passing areas, turnarounds or alignment are contained in the Charles County Road Ordinance.[1]
[1]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.
(6) 
A private right-of-way 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.
C. 
Attached dwelling units. Subject to the requirements of the Charles County Zoning Ordinance and Road Ordinance, attached dwelling units may have frontage on private drives.
D. 
Access easements. Access easements not considered to be public or private streets shall be permitted to provide sole access to a residential lot only after receiving a modification per § 278-104 of these regulations from the Planning Commission.
E. 
Shared access easements. Access easements that are not for the sole purpose of access from a public road, and are primarily provided for convenience and/or improved flow of traffic between adjoining commercial properties may also be fully regulated by the Planning Commission.
F. 
Agricultural shared access easements (defined in § 278-12). Agricultural shared access easements not considered to be public or private streets shall be permitted to provide sole access to a residential lot only after receiving a modification per § 278-104 of these Regulations from the Planning Commission, and according to the following criteria:
[Added 7-9-2008 by Bill No. 2007-094[2]]
(1) 
The parcel from which new lots are created on agricultural shared access easements shall meet the minimum requirements for inclusion in and shall be subject to covenants, conditions and restrictions of an agricultural land preservation district or easement program, or other conservation easement that restricts the uses of the property to agriculture or forestry.
(2) 
New lots created on agricultural shared access easements shall be permitted at a density of no more than one lot per full 50 acres and shall not be subject to further subdivision. Preexisting dwellings, defined as dwellings in existence as of July 19, 2008, do not count against the density of one lot per full 50 acres.
(3) 
New lots created on agricultural shared access easements shall be for bona fide intrafamily transfers to immediate family members who are engaged in the operation of the farm and only on parcels that were recorded on or before June 1, 1976. "Immediate family" is defined as father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, stepparents, stepchildren and legal wards and guardians.
(4) 
A notation shall be placed on the final subdivision plat denoting the lot(s) and residue created under these provisions.
(5) 
Lots created pursuant to these provisions shall not be for the purposes of ultimate commercial sale. A lot created pursuant to these provisions may not be subsequently conveyed to any person except where the conveyance is to a member of the owner's immediate family, or where the conveyance of the lot is as part of a default on a mortgage or deed of trust.
(6) 
Any lot created under this subsection 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 and until the Planning Commission has determined that a change in circumstance has occurred since the original transfer which would warrant permitting a subsequent transfer, when such circumstances are consistent with the warrants and exceptions contained herein, or other circumstances necessary to maintain land areas to support protective uses of agriculture and forestry. The termination of covenants, conditions and restrictions of an agricultural land preservation district or easement program, or other conservation easement that restricted the uses of the property to agriculture or forestry, shall not be considered a change in circumstance. Deeds of transfer shall include a covenant stating that the lot is subject to the provisions of this subsection. These covenants shall restrict the subsequent transfer or sale of a lot or lots created by the intrafamily transfer provisions contained herein to a third party who is not a member of the owner's immediate family or a holder of a mortgage or deed of trust on the property, except as provided in this subsection.
(7) 
Any lots utilizing an agricultural shared access easement shall be at the minimum size permitted by the base zone and located to minimize impact to the agricultural or forestry operation.
[2]
Editor's Note: This bill also redesignated former Subsection F as Subsection G.
G. 
Applicants proposing subdivisions involving new or existing private rights-of-way or access easements must demonstrate that all property owners who access the private right-of-way or access easement have a legal right to do so; in addition, the applicant must also provide a deed agreement for all property owners of existing and proposed lots providing for future maintenance of the right-of-way or easement. Applicants may also establish a homeowners' association for the ownership and maintenance of a private right-of-way.
[Amended 1-31-2017 by Bill No. 2016-11]

§ 278-81 Handicapped accessibility.

Whenever curb, gutter and sidewalk construction is used on public roads, wheelchair ramps for the handicapped shall be provided at all intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards.

§ 278-82 Road names and house numbers; private road signage.

A. 
Road names. All roads, both public and private, including easements, and house numbers will be reviewed for compliance with the Charles County Road Name Policy during preliminary subdivision plan review. Road names and address numbers shall be finalized with the County as a part of the final plat approval and shown on the final plat.
B. 
Private road signage. All private roads and access easements created by final plat subsequent to the adoption of these regulations which receive an approved name designation from the County shall have a sign installed at all intersections with public and private roads. Each sign will clearly indicate that the road or access easement is a private road, drive or place and not subject to County maintenance. This may be achieved through a specific marking, symbol or sign attachment approved by the County.

§ 278-83 Reservation of land for right-of-way and other public purposes.

[Added 9-15-2003 by Bill No. 2003-06]
A. 
The Planning Commission, when reviewing a preliminary plan or final plat, shall refer to the Comprehensive Plan, master plans, or amendments and parts thereof, capital improvement plans and other policy documents directing public projects to determine the need for reserving for public use any of the land included in the preliminary plan, final plat or site plan. Reservations may be required for public purpose projects, including but not limited to:
(1) 
Highway, transit, or street rights-of-way, when a clearly defined and preferred alignment has been selected by the authority having jurisdiction. In the case of County projects, the authority shall be the County Commissioners.
(2) 
Public building sites.
(3) 
Recreational sites.
(4) 
Other public purposes.
B. 
Notice of public hearing shall be given to the property owners and shall be advertised in the County newspaper of record at least 14 days prior to the hearing date.
C. 
If a decision is made to place a property in reservation, notice of the reservation shall be sent to the property owner(s), and to the governmental agency concerned with the acquisition.
D. 
Final plats for the property shall be in strict conformity with the public reservation. A portion of the property may be recorded if the design of the subdivision or site is fully functional without the reserved area.
E. 
The Planning Commission shall cause the applicant to prepare a plat of any land reserved for public use under the provisions of this regulation, showing the survey location of the land, names and addresses of the owners, and any other information required for its proper indexing and for filing among the land records of Charles County. The plat shall comply with all requirements for recording of plats among the land records of Charles County, and shall be duly recorded.
F. 
If land designated for reservation is on property proposed for commercial development, then that land so designated shall be shown on plans or plats as open space area to the extent feasible and will be used to satisfy the requirements for open space, green area, pervious surface area, or landscaped buffer for that project. If the Planning Commission finds that a proposed commercial development cannot be redesigned to accommodate a proposed reservation of land and still preserve the allowable intensity of development, then the applicant may request approval by the County Commissioners for a modification of the design standards in order to mitigate for the impacts associated with the reservation of land for public use.
G. 
If land designated for reservation is on property proposed for residential development, then, in lieu of reserving road right-of-way as described above, an applicant may preserve for dedication a right-of-way by redesignating the proposed subdivision of land consistent with the following criteria:
(1) 
Lots may be designed to avoid interference with the proposed public purpose project by using the lot design standards for a cluster development set forth in Article XIV, Figure XIV-2 of the Charles County Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 297, Zoning Regulations.
(2) 
Land will be preserved and dedicated for the intended purpose until such time as the authority having jurisdiction accepts the dedication or abandons the public purpose project.
(3) 
Notwithstanding Article VI of these regulations, open space or recreational amenities may not be required for the project; however, if the public purpose project is abandoned and the authority does not accept the dedication, land set aside for the public purpose project must be used for open space, another public purpose for the benefit of the residents in the subdivision or the general public, or a compatible use approved by the Planning Commission.
H. 
If the Planning Commission finds that a proposed residential subdivision can not be redesigned to accommodate a proposed reservation of land as provided for in § 278-83G and still preserve the allowable residential density, then the applicant may request approval by the County Commissioners for the use of more compact housing types such as single-family attached and multifamily housing to shift the allowable dwelling units outside the proposed land reservation area. County Commissioners approval of alternative dwelling types is subject to the following:
(1) 
Single-family attached or multifamily dwelling units shall comply with the minimum standards for such uses in the Planned Residential Development (PRD) Zone set forth in the Zoning Ordinance; and
(2) 
The siting and architectural design of the dwellings shall be approved by the Charles County Site Design and Architectural Review Board.

§ 278-84 Regulations of reservation; taxes.

[Added 9-15-2003 by Bill No. 2003-06]
A. 
No reservation shall continue for longer than three years without the written approval of all persons having any legal or equitable interest in the property.
B. 
Such public reservations shall not be subject to property tax during the reservation period as described in Article 66B, Section 5.03(b)(4), of the Annotated Code of Maryland.[1] Notification of the reservation including the plat shall be sent to the affected taxing and assessing bodies.
[1]
Editor's Note: Said section was repealed by Acts 2012, c. 426, § 1, effective 10-1-2012. See now Land Use Article §§ 5-102, 5-103, 5-204 and 9-805.
C. 
During the reservation period, no building or structure shall be erected upon the land so reserved, except as provided in Subsection D. No trees, topsoil or cover shall be removed or destroyed, no grading shall be done, and no drainage structures shall be built so as to discharge water on the reserved land, except as provided in Subsection D.
D. 
Land so reserved may be used for agricultural purposes and other uses permitted by the Zoning Ordinance[2] upon written approval of the Planning Commission. The Planning Commission may allow any permitted use which it finds will not impair the efficient and economic use for which the property was reserved.
[2]
Editor's Note: See Ch. 297, Zoning Regulations.
E. 
All land so reserved shall be maintained by the owner as required by County law. The Planning Commission shall be notified immediately upon the sale of any land so reserved, and shall be provided with documents from the public land records attesting to such sale.

§ 278-85 Termination of reservation; renewal.

[Added 9-15-2003 by Bill No. 2003-06]
A. 
The expiration of a preliminary plan shall not affect a reservation if, before the expiration date, a reservation plat has been recorded by the Planning Commission. If not recorded, the reservation shall be deemed canceled.
B. 
Prior to the expiration of a reservation period, with the written consent of all affected landowners, the Planning Commission may renew the reservation for additional periods of time, provided that the time period of the renewal shall be mutually agreeable to the landowner and the Planning Commission.
(1) 
Prior to the expiration date, the Planning Commission shall determine whether the reservation should be renewed and shall provide an opportunity for review agencies to comment upon such renewal.
(2) 
If the Planning Commission determines that the reservation should be renewed, the landowner shall be notified of such determination and, if the landowner desires to renew the reservation, the required authorization for consent to the renewal shall be completed.
(3) 
Renewal of reservation shall be approved by the Planning Commission.
C. 
At the end of the reservation period, if the reservation has not been renewed in accordance with the provisions of Subsection B of this section, or if the land reserved has not been acquired for public use and proceedings for acquisition have not been initiated, then the reservation shall expire and the appropriate taxing and assessing bodies shall be notified. Initiation of the acquisition is demonstrated by the filing of condemnation petition in the courts; the negotiation of a contract between the property owner(s) and the County or efforts to achieve other appropriate agreements to be approved by the County Commissioners.
D. 
If, prior to the expiration of the reservation period, the Planning Commission determined that the reservation no longer appears necessary, then the Planning Commission may cancel the reservation. Such cancellation shall be by resolution of the Planning Commission. Certified copies of the resolution cancelling the reservation shall be sent to the property owner(s), the agency originally concerned with the acquisition, the affected taxing and assessing bodies, and the Clerk of court for filing among the land records of Charles County.

§ 278-86 through § 278-89. (Reserved)