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.
[1]
Editor's Note: Said article was repealed by Acts 2012, c.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.
A.
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.
B.
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.
C.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
That the modification request is not based upon conditions or
circumstances which are self-created or self-imposed.
(5)
That greater profitability or lack of knowledge of the restrictions
shall not be considered as sufficient justification for a modification.
(6)
That the proposed modification is consistent with the Charles
County Comprehensive Plan.
D.
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.
E.
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.
F.
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.
A.
These regulations may from time to time be amended, supplemented,
changed, modified or repealed by the County Commissioners.
B.
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]
[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.
A.
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.
B.
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.
