The following article describes the different subdivision types,
based on the nature of the subdivision in relation to overall development
of the County.
[Amended 1-31-2017 by Bill No. 2016-11]
A.
Unless as defined in Subsection B below, a minor subdivision is a subdivision of land which does not involve any of the following:
(1)
The creation of more than a total of five lots from a parcel that
was in existence on June 15, 1976, or seven lots from a parcel, residue
or remainder in existence on December 31, 2012; provided that any
lot resulting from a recorded deed or subdivision plat prior to December
31, 2012, cannot be considered a "parcel" for purposes of this section.
[Amended 12-28-2012 by Bill No. 2012-12]
(2)
[1]The extension of a public water or sewer system proposed
as a part of a private development.
[1]
Editor’s Note: Former Subsection A(2), regarding creation
of new public streets as part of a private development, was repealed
1-31-2017 by Bill No. 2016-11. Bill No. 2016-11 also redesignated
former Subsection A(3) and (4) as Subsection A(2) and (3), respectively.
(3)
The installation of off-site drainage improvements through one or
more lots to serve one or more other lots proposed as a part of a
private development.
B.
The following types of subdivisions are to be classified as minor
subdivisions:
[Amended 4-3-2013 by Bill No. 2013-03]
(1)
Public acquisition subdivisions. A subdivision for the purpose of
platting parcels of land or easements to be acquired and constructed
by the County or state government for public purposes such as road
construction, park acquisition, drainage or other similar uses shall
be considered a public acquisition minor subdivision. Prior to filing
of such plats, the County Commissioners shall have approved the land
or easement. The platting of streets or other public facilities constructed
by applicants and to be dedicated to public use are not included in
this minor subdivision class.
(2)
Amendments and revisions to recorded subdivision plats. An amendment or revision to an existing recorded subdivision plat which is not a consolidation subdivision as described in Subsection B(4) below is considered to be a minor subdivision for the purposes of review, provided that one of the following qualifications are met. All amendments or revisions shall be formally classified as minor or major revisions by the Planning Director, based upon these regulations. Minor revisions to final plats may be approved by the Planning Director.
(a)
Corrective amendments or revisions. A plat which is submitted
to correct obvious drafting or minor engineering errors, street name
changes, clarification of notations or other small discrepancies.
(b)
Easement amendments or revisions. A plat which is submitted for the release or modification of existing easements or the addition or deletion of new easements or users to replace an existing recorded easement. The written approval of any grantee of the easement is required at the submission of the easement plat for review. Vehicular, pedestrian, bicycle, stormwater management, forest conservation or similar easements, with related construction easements, which serve to fulfill the regulatory requirements or design characteristics of a specific development are specifically excluded from this definition, and subject to § 278-31F.
(c)
Administrative action amendments or revisions. Any amendment
to an existing recorded plat necessitated by official act of the County
Commissioners where the Planning Commission does not share authority
in the substance of the change in question and the amendment is for
the purpose of clarifying and making consistent the information appearing
on the recorded plat of the property.
(3)
Boundary line adjustment (also known as "lot line adjustment") plats.
Adjustments to existing lots, tracts or parcels of record, which do
not change the number of lots, tracts or parcels of record may be
administratively approved by the Department of Planning and Growth
Management. This shall include boundary line adjustments for the purpose
of transferring land between adjoining owners, provided that public
or private roads are not affected by the adjustment and the design
or pattern of the previously approved subdivision is maintained. The
design or pattern is established by the road, building and yard orientations
within the general area surrounding the affected property.
(a)
A boundary line adjustment plat shall not result in the creation
of any additional lots, tracts or parcels of land.
(b)
The intent of boundary line adjustments is considered to be a mechanism
to make minor adjustments. Examples may include, but are not limited
to, building encroachments into setback areas, public facility construction,
hardships related to variances, or minor changes for access, etc.
It is not the intent to create major subdivisions from multiple minor
subdivisions.
(4)
Plats
of consolidation. A plat that consolidates or combines two or more
contiguous lots on a previously recorded subdivision plat. This type
of plat results in no additional lots being created.
[Amended 4-3-2013 by Bill No. 2013-03]
A "plat of resubdivision" is a revision to a previously recorded
subdivision plat showing old and new property lines, monumentation
and other information which defines the original and the subsequent
lots of record. When any modification to a previously recorded plat
is proposed which results in the division, addition or deletion of
lots or the modification of lot lines for previously recorded lots,
the owner must file a "plat of resubdivision," which shall be approved
by those agencies responsible for approving final plats and recorded
by the Department of Planning and Growth Management. Resubdivisions
may require review and processing as a minor or major subdivision.
[Added 6-19-2012 by Bill No. 2011-11]
A.
Applicability.
(1)
The following provisions shall apply to:
(a)
Any legal parcel of land, not being part of a recorded or approved
subdivision, that was recorded as of December 1, 1985;
(b)
Land that was subdivided into recorded, legally buildable lots
where the subdivision received final approval before June 1, 1984;
or
(c)
Land that was subdivided into recorded, legally buildable lots
where the subdivision received final approval after December 1, 1985,
but not later than June 7, 1989.
(2)
These provisions do not apply to a conforming parcel or lot.
B.
Lot consolidations and lot reconfigurations in the Chesapeake Bay
Critical Area Overlay Zones shall be required to bring nonconforming
parcels or lots into compliance with the Charles County Critical Area
Program to the extent possible.
C.
These development activities shall be subject to the standards and requirements outlined in § 278-53 of these regulations and the Charles County Zoning Ordinance.[1] Additionally, the following regulations apply:
(1)
An application for lot consolidation or lot reconfiguration shall
include:
(a)
The date of recordation of each legal parcel of land or legally
buildable lot to be consolidated or reconfigured;
(b)
The location of all existing and proposed property boundaries;
(c)
A table that lists the number of all legal parcels of land or
recorded legally buildable lots and the number of proposed lots to
be derived; and
(2)
Prior to approval, the Planning Division shall make written findings
that the proposed consolidation or reconfiguration:
(a)
Will result in no greater number of lots, parcels or dwelling
units in the critical area than the existing configuration would allow;
(b)
Will result in no greater lot coverage than the existing configuration
would allow;
(e)
Addresses habitat protection area requirements by:
(f)
Provides stormwater management for all proposed development
activities;
(g)
Clearly identifies benefits to fish, wildlife and plant habitat;
and
(h)
Fully complies with the afforestation and reforestation requirements
in COMAR 27.01.05 and 27.01.09, unless clearing is necessary to avoid
a habitat protection area.
(3)
When site conditions warrant, the Planning Division may require an
environmental features map and additional information to be provided
with an application to demonstrate compliance with the requirements
of this section and the Zoning Ordinance.[2]
(4)
The Planning Division shall issue a final written decision or order
granting or denying an application for a consolidation, reconfiguration,
or a modification or reconsideration of a consolidation or reconfiguration.
Within 10 days of issuing its written decision, the Planning Division
shall forward a copy of the decision and subdivision plat, as applicable,
to the Critical Area Commission via first class mail, United States
Postal Service.