Charles County, MD
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Table of Contents
Table of Contents
The Planning Commission shall have the powers and duties set forth in Article 66B of the Annotated Code of Maryland[1] pertaining to the review and approval of subdivisions.
Editor's Note: Said article was repealed by Acts 2012, c. 426, § 1, effective 10-1-2012. See now Land Use Article.
Fees to partially cover the cost of considering, examining and checking the several plats and plans required herein and for the recording of the plat shall be collected by the Department of Planning and Growth Management. Unless otherwise specifically stated in these regulations, the fee is due at the time of the filing of such plats, plans, applications or other item in accordance with the schedule of charges adopted by the County Commissioners.
A Technical Review Committee is established to review subdivision plats and plats. The composition of the Committee and the rules of procedure shall be established by the Deputy County Administrator of the Department of Planning and Growth Management.
Modification of requirements. The Planning Commission may request a report presenting staff review and analysis from the Department of Planning and Growth Management or other appropriate agencies in order to evaluate a request to modify or waive any requirement or procedure as stated in these regulations.
Approval requirements for modifications. The Planning Commission may grant modifications from the strict application of these regulations when, by reason of exceptional narrowness, shallowness or shape of specific parcels of property or by reason of exceptional topographical conditions or other extraordinary situations or conditions of specific parcels of property, the strict application of these regulations would result in peculiar and unusual practical difficulties to, or exceptional or undue hardship upon, the owner of said property. However, the Planning Commission shall not grant modifications that will substantially impair the intent, purpose and integrity of these regulations, or any County ordinance.
Burden of proof for modification requests. In addition to those general findings required in Subsection B above, modification requests shall not be granted unless the applicant has demonstrated that the following criteria are met:
That special conditions or circumstances exist that are unique to the subject property or structure and that a strict enforcement of the provisions of these regulations would result in unwarranted hardship which is not generally shared by owners of property in the same land use classification.
That strict enforcement of the provisions of these regulations would deprive the property owner of rights commonly shared by other owners of property in the area.
That the granting of a modification will not confer upon an applicant any special privilege that would be denied to other owners of like property and/or structures within the same zone/land use classification.
That the modification request is not based upon conditions or circumstances which are self-created or self-imposed.
That greater profitability or lack of knowledge of the restrictions shall not be considered as sufficient justification for a modification.
That the proposed modification is consistent with the Charles County Comprehensive Plan.
Conformance of modification request. In no case shall any variation or modification be more than a minimum easing of the requirements of these regulations, and in no instance shall it conflict with any other County ordinance, regulation or Zoning Map. In granting such modifications, the Planning Commission may require such conditions as will, in its judgement, substantially secure the objectives of the requirements so varied or modified.
Changes to final plats. Except as described in § 278-29F, if any changes from the approved final plat become necessary during the construction of the subdivision, an amended plat of the subdivision shall be filed with the Planning Commission for approval and shall be recorded. The level of review required for a changed final plat will be determined by the Planning Director.
Authority of Planning Commission. This section shall not be construed so as to abrogate the power of the Planning Commission to deny a subdivision which cannot or will not be brought into compliance with these regulations.
These regulations may from time to time be amended, supplemented, changed, modified or repealed by the County Commissioners.
Any person or officer, department, board, commission or bureau of the County may petition for such change or amendment; however, no such change or amendment shall be presented to the County Commissioners for approval until the Planning Commission has held a public hearing in relation thereto, pursuant to the provisions of Article 66B of the Annotated Code of Maryland.[1]
Editor's Note: Said article was repealed by Acts 2012, c. 426, § 1, effective 10-1-2012. See now Land Use Article.
A decision of the Planning Commission may be appealed by an aggrieved party as provided in the Annotated Code of Maryland, the laws of Maryland, and the Maryland Rules of Procedure.
Any person, corporation, association or partnership or the agent of any person who or which transfers or sells or agrees to sell or negotiates to sell any land by reference to or exhibition of or by other use of a plat of subdivision, before such plat has been approved by the Charles County Planning Commission and recorded and filed in the office of the appropriate County Clerk, shall forfeit and pay a civil penalty of not less than $200 and not more than $1,000, in the discretion of the court, for each lot or parcel so transferred or sold or agreed or negotiated to be sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided. The County may enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction or may recover the penalty by civil action in any court of competent jurisdiction. However, this section does not apply to the sale or negotiation for sale of industrial property.
Any person, corporation, association or partnership or the agent of any such person who or which violates a provision of these regulations or shall fail to comply with any requirements hereof shall be guilty of a misdemeanor, punishable by a fine of not more than $100 or by imprisonment not exceeding 10 days, or by both fine or imprisonment.
Should any section, subsection sentence, clause or phrase of the Subdivision Regulations be declared invalid in a court of competent jurisdiction, such decision shall not affect the validity of the regulations in their entirety or any part thereof, other than that declared to be invalid.