Queen Annes County Unincorporated
City Zoning Code
City Zoning Code
PART 7
Administration, Enforcement and Special Procedures
§ 18:1-109 Planning Commission.
A.
Establishment. The Queen Anne's County Planning Commission is hereby established.
B.
Powers. The Commission shall have the powers and duties provided in Article 66B of the Annotated Code of Maryland and in this Chapter 18:1.
C.
Membership.
[Amended 9-7-2004 by Ord. No. 04-01]
(1)
The Commission shall consist of seven members.
(2)
Members shall be appointed and vacancies shall be filled by the County Commissioners in the manner provided in Article 66B of the Annotated Code of Maryland.
(3)
One member of the County Commissioners may serve as an ex officio member of the Planning Commission for a period up to a period concurrent with the Commissioner's term of office.
D.
Organization.
(1)
The Commission shall select a Chairman, a Vice Chairman, and a Secretary, who shall serve for a term of one year.
(2)
The Chairman shall preside at all meetings of the Commission and perform such other duties as may be provided in this Part 7.
(3)
In the absence of the Chairman, the Vice Chairman shall perform the duties of the Chairman.
F.
Compensation. The members of the Commission shall receive compensation as provided in the budget adopted by the County Commissioners.
§ 18:1-110 Department of Planning and Zoning.
A.
Establishment. The Department of Planning and Zoning is hereby established.
B.
Staff.
(1)
The County Commissioners shall appoint a Planning Director and other professional, enforcement, secretarial, and clerical staff and other employees necessary for the administration and enforcement of this Chapter 18:1.
(2)
All employees shall receive compensation as provided by the County Commissioners.
§ 18:1-111 Planning Director.
A.
Appointment.
B.
Duties. The Planning Director shall:
(3)
Direct and supervise the activities of all employees of the Department;
(4)
Attend all meetings of the Planning Commission and provide reports concerning the activities of the Department, in such detail as the Planning Commission may require; and
C.
Authority.
(2)
As appropriate, the Planning Director may:
(a)
Assign duties to any employee of the Department;
(b)
Delegate any authority to the Deputy Planning Director;
(d)
Delegate to any professional employee any authority that is within the scope of that employee's expertise; and
(e)
Delegate authority with respect to enforcement to any inspector or other employee to whom duties of enforcement are assigned.
§ 18:1-112 Deputy Planning Director.
§ 18:1-113 Zoning Administrator.
§ 18:1-114 Board of Appeals.
A.
Establishment. The Board of Appeals of Queen Anne's County is hereby established.
B.
Powers. The Board shall have the powers and duties provided in Article 66B of the Annotated Code of Maryland and in this Chapter 18:1.
C.
Membership.
(1)
The Board shall consist of three members and one alternate member, all of whom shall be appointed by the County Commissioners.
(2)
The alternate member shall sit as a member of the Board in the absence of any regular member.
(3)
In cases where the alternate member is or will be absent, the County Commissioners may designate a temporary alternate.
(4)
Members and alternates shall be appointed and vacancies shall be filled by the County Commissioners in the manner provided in Article 66B of the Annotated Code of Maryland.
D.
Organization.
(1)
The Board shall select a Chairman and a Vice Chairman, who shall serve for terms of three years.
(2)
The Chairman shall preside at all meetings of the Board.
(3)
In the absence of the Chairman, the Vice Chairman shall perform the duties of the Chairman.
(4)
In the absence of both the Chairman and the Vice Chairman, the member and alternates present shall select an Acting Chairman.
E.
Records. The Board may designate an employee of the Department of Planning and Zoning to record the proceedings and maintain the records of the Board.
F.
Compensation. The members, alternate member, and temporary alternate members of the Board shall receive compensation as provided in the budget adopted by the County Commissioners.
§ 18:1-115 Powers of Board.
A.
In general. Subject to the provisions of this article, the Board shall have the following powers with respect to matters arising under Article 66B of the Annotated Code of Maryland or this Chapter 18:1:
B.
C.
Assistance.
§ 18:1-116 Meetings of Board.
A.
When held. Meetings of the Board shall be held at the call of the Chairman and at such other times as may be provided by the rules adopted by the Board.
B.
Conduct of meetings. All meetings of the Board shall be open to the public.
D.
Witnesses and oaths. The Chairman or, if absent, the Vice Chairman or Acting Chairman shall administer oaths and may compel the attendance of witnesses.
§ 18:1-117 Hearings before Board.
B.
Notice.
(1)
The rules of the Board shall provide for reasonable notice to the public and to the person who filed the appeal or application for a conditional use.
(2)
At a minimum, the notice shall be:
(a)
Posted on the property involved with the time, place, and purpose of the hearing at least 14 days prior to the date of the hearing; and
(b)
Published in at least one newspaper of general circulation in the County once a week for at least two successive weeks prior to the date of the hearing, provided that the last insertion of the newspaper notice may not be more than eight days or less than two days prior to the date of the hearing.
C.
Appearance. Any party may appear in person or by agent or attorney at any hearing.
D.
Time for decision. The Board shall decide any matter submitted within a reasonable time.
§ 18:1-118 Effect of final decision of Board.
A.
In general. A final decision of the Board may not:
B.
Denial. If the Board does not grant the relief or decision sought by an appeal or application, an appeal or application involving the same property and substantially the same issues may not be filed prior to one year after the disapproval.
C.
Withdrawal. If any notice of hearing has been published with respect to any appeal or application and the appellant or applicant thereafter withdraws the appeal or application prior to the hearing or after hearing and prior to the decision by the Board, an appeal or application involving the same property and substantially the same issues may not be filed prior to six months after the date of the withdrawal.
D.
Effect of section. Nothing in this section shall be construed to authorize any subsequent appeal or application that would not be allowed by any general rule of law or construction relating to the nature and effect of prior determinations by an administrative agency.
§ 18:1-119 Appeals.
A.
Right of appeal.
(2)
Prior to filing an appeal involving a variance, the person shall, under the procedures set forth in § 18:1-147 of this Chapter 18:1, obtain a determination by the Planning Director or other employee authorized to make the determination that the use involved is not otherwise permissible under the terms of this Chapter 18:1.
(3)
As used in this subsection, "person" includes any officer, department, board, or bureau of the County.
B.
Time for appeal.
(1)
Notice of appeal from an administrative decision shall be filed within a reasonable time after the decision from which the appeal is taken, as prescribed by the rules of the Board of Appeals.
(2)
Unless otherwise prescribed by the rules, appeal shall be taken within 30 days after the date of the formal written decision from which the appeal is taken, provided that if the 30th day is a Saturday, Sunday or legal holiday, the time for appeal shall run until the end of the next day that is not a Saturday, Sunday or legal holiday.
[Amended 9-7-2004 by Ord. No. 04-36]
E.
Record. After receiving a notice of appeal, the Planning Director or other employee of the Department of Planning and Zoning with whom it is filed shall transmit to the Board all papers constituting the record upon which the action appealed from was taken.
F.
Effect of appeal. An appeal to the Board of Appeals stays all proceedings with respect to the action from which the appeal is taken, except when a restraining order is obtained as authorized by Article 66B of the Annotated Code of Maryland.
§ 18:1-120 Powers with respect to appeals.
A.
In general. In deciding any appeal from an administrative decision, the Board shall have all powers of the person from whom the appeal is taken and may make such order, requirement, decision, or determination as ought to be made in conformity with Article 66B of the Annotated Code of Maryland and this Chapter 18:1.
B.
Nonvariance appeals. In an appeal that does not involve a variance, the Board may reverse, affirm, or modify, wholly or partly, the order, requirement, decision, or determination from which the appeal is taken.
§ 18:1-121 Limitations with respect to variance.
A.
In general. The Board shall grant a variance only with respect to matters involving the modification of the density, bulk, or area requirements of this Chapter 18:1, or of the requirement set forth in § 18:1-95B of this Chapter 18:1. No variance is required where a proposed modification will not cause an existing violation to increase.
B.
Circumstances. A variance may not be granted unless the Board specifically finds that:
(1)
Literal enforcement of this Chapter 18:1 would result in unnecessary hardship or practical difficulty as the result of specified conditions;
(2)
Those conditions are peculiar to the property involved;
(3)
Those conditions are not the result of any action taken by the appellant;
(4)
The variance will not be contrary to the public interest; and
(5)
Evaluation of alternatives proves variance is required.
C.
Considerations. Among all other factors that must be considered with respect to the requirements of this section, the Board shall consider:
§ 18:1-122 Decisions with respect to variance.
A.
Extent of approval. The Board may not authorize a variance that modifies any requirement of this Chapter 18:1 to a degree greater than that minimally required to ameliorate the circumstances referred to in § 18:1-121 of this Chapter 18:1. In any decision authorizing a variance, the Board shall specifically state the reasons for its finding that the variance does not exceed that minimum.
B.
Density. Except where extraordinary circumstances of extreme hardship are found to be present and specified in its decision, the Board may not authorize any variance that would:
C.
Conditions.
(1)
When authorizing a variance, the Board may attach such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest and in order to further the purposes of this Chapter 18:1.
(2)
The conditions may include the requirement of covenants and/or guarantees as may be deemed necessary to insure that the requirements of the authorization will be fulfilled.
§ 18:1-123 Conditional uses.
§ 18:1-124 General requirements.
A.
B.
Other requirements.
(1)
Nothing in this article shall be construed to affect in any manner any requirements that exist independent of this Chapter 18:1, such as requirements for approval by the County Health Officer as to water supply and disposal of sanitary wastes.
(2)
In the case of any conflict between other requirements and the provisions of this article, the more restrictive shall control.
§ 18:1-125 Evidence of nonconforming status.
A.
Burden of proof. The burden of establishing that any lot, use, sign, or structure is a nonconforming lot, use, sign, or structure shall, in all cases, be upon the owner of the land.
B.
Status certificate. Upon written request from an owner or the owner's agent, the Planning Director shall issue a certificate certifying a lot, use, sign, building, or other improvement as legally nonconforming:
§ 18:1-126 Nonconforming lots.
A.
Authorized uses. Subject to the requirements of this article, a nonconforming lot may be used for any principal use allowed in the zoning district in which the lot is located.
§ 18:1-127 Single-family lots.
A.
Lots affected. This section applies only to the location of a single-family detached dwelling on a nonconforming lot in a district where single-family residential uses are allowed. If the nonconforming lot on which the dwelling is to be located does not meet an area, width, setback, or yard requirement established elsewhere in this Chapter 18:1, that requirement shall be modified to the extent authorized by the following provisions of this section.
B.
Open space. To the extent that the lot is physically unable to provide the open space required elsewhere in this Chapter 18:1, the open space shall be provided insofar as possible as determined by the Planning Director or Zoning Administrator.
C.
Area. If neither public water supply nor public sanitary sewer is accessible and where an acceptable community water supply and sewage system is not provided, the minimum lot area shall be that required by the Health Department.
D.
Width. Unless both a public or approved community water supply and a public or approved community sanitary sewer are to be provided, the minimum lot width shall be that required by the Health Department.
E.
Setbacks. Subject to any further modification authorized by the other provisions of this section, setbacks shall comply with setbacks for the NC District that is closest to the nonconforming lot in size.
F.
Front yards.
(1)
If the right-of-way of the road on which the lot fronts is less than 50 feet wide, the depth of the front yard shall be the depth required for the zoning district plus 25 feet, measured from the center line of the road.
(2)
If the average depth of at least two existing front yards on lots within 200 feet of the center line of the lot in question and within the same block is less or greater than the least front yard depth otherwise required by this Chapter 18:1, the front yard depth shall be the greater of:
G.
Side yards.
(1)
The sum of the side yard widths need not exceed 30% of the width of the lot, but in no case shall any one side yard be less than 10% of the width of the lot.
(2)
The side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In that case, the average width of the side yard may not be less than the otherwise required least width, but the side yard may not be narrower at any point than the greater of:
(3)
If a side yard along the side street lot line of a corner lot abuts in the rear, either directly or across an alley, the side lot line of another lot in a district in which residences are allowed, then the side yard shall have a width of not less than 1/2 the required depth of the front yard on the other lot fronting on the side street.
(4)
Width of side yard.
(a)
Upon proper request for a variance, the width of one side yard may be reduced by the Board of the Appeals to a width of not less than three feet, provided that:
(b)
A reduction may be authorized only when the Board finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.
§ 18:1-128 Change of nonconforming uses.
A.
In general. A nonconforming use may not be changed to any use other than a use allowed in the zoning district in which it is located, except as provided in this article.
B.
[1]Relocation. A nonconforming use, sign, or structure may not be moved, in whole or in part, for any distance whatsoever to any other location on the same or any other lot unless the entire lot and use, sign, or structure shall thereafter conform to the regulations for the zoning district in which it is located after being moved.
[1]
Editor's Note: Former Subsection B, Disposal uses, was repealed 7-14-2009 by Ord. No. 09-07. This ordinance also redesignated former Subsection C as Subsection B.
§ 18:1-129 Alteration of nonconforming uses.
B.
Disposal uses.
[Added 7-14-2009 by Ord. No. 09-07[1]]
(1)
The Board of Appeals shall grant conditional use approval before any nonconforming disposal use is expanded in any manner.
(2)
The expansion of a non-conforming disposal uses may be permitted on adjoining lands on parcels owned, wholly or partially, by the existing surface mining permitee as of February 1, 2009, with the approval of the Board of Appeals.
(3)
A nonconforming extraction use may not be changed to a nonconforming disposal use and vice versa.
C.
Nonconforming building. A building that is not used for any nonconforming use and is a nonconforming structure solely because it does not meet the setback requirements of this Chapter 18:1 may be enlarged, expanded, or extended to the extent permitted in the district in which it is located if:
D.
Nonconforming lot. A single-family detached dwelling that is located on a nonconforming lot in a district where single-family residential uses are allowed may be enlarged, expanded, or extended to the extent authorized by § 18:1-127 of this Chapter 18:1 with respect to the initial construction of a dwelling on the nonconforming lot.
E.
Nonconforming residential use.
(1)
A single-family detached dwelling that is located in a district where single-family residential uses are not allowed may be enlarged, expanded, or extended to the extent that would be allowed on a lot in the Neighborhood Conservation (NC) District that is closest in size to the lot on which the dwelling is located.
(2)
If the dwelling does not meet the setback requirements of the NC District, the dwelling may be enlarged, expanded, or extended in accordance with this subsection if the enlargement, expansion, or extension itself meets those setback requirements.
F.
Limitation. Nothing in this section shall be construed to allow any enlargement, expansion, or extension that would create or involve:
[Amended 7-14-2009 by Ord. No. 09-07]
(1)
Any new, different or additional nonconforming use or status with respect to the dwelling or the lot on which it is located; or
G.
Exceptions. This section does not apply to:
(1)
The strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares the structure to be unsafe and orders its restoration to a safe condition, provided that the restoration is not otherwise in violation of any other provisions of this article; or
(2)
Normal maintenance and incidental repair of a nonconforming use that does not violate any other provision of this article.
§ 18:1-130 Termination of nonconforming uses.
A.
Damage, destruction or change of use.
(1)
In the event that any nonconforming use, sign or structure is destroyed by any means to the extent of more than 60% of the cost of replacement of the use, sign or structure, or any nonconforming use, sign or structure is changed to a conforming use or another nonconforming use, the sign, structure or use may not be rebuilt, restored or reoccupied for any purpose unless it shall thereafter conform to all requirements of this Chapter 18:1.
(2)
Poultry houses and associated structures are exempt from the provisions of this section; however, the repair or replacement of a nonconforming poultry house or associated structure shall not increase the setback nonconformity which existed prior to the repair or replacement.
B.
Modification.
(1)
Whenever a nonconforming status is the result of exterior lighting, landscaping, buffering or parking that do not comply with all requirements of this Chapter 18:1, upon application for site plan or amendment of any site plan, conditional use or subdivision approval related to the subject property, the nonconformity shall, as a precondition to issuance of that approval, be required to comply fully with all such requirements to the extent possible.
C.
Accessory uses. A use, sign or structure that is accessory to a principal nonconforming use or structure may not continue after the principal use or structure has ceased or terminated, unless the accessory sign, use or structure shall thereafter conform to all requirements of this Chapter 18:1.
D.
Extraction and disposal uses. Nonconforming disposal uses may not renew operations once the use is discontinued for six months or more.[1]
[1]
Editor’s Note: This subsection was amended 4-14-2009 by Ord. No. 08-20. The amendments made by Ord. No. 08-20 were removed pursuant to a decision of the Maryland Court of Special Appeals, which held that Ord. No. 08-20 had been preempted by state law.
E.
Lapse of use generally.
(1)
Whenever a legal nonconforming use of any kind or character is discontinued, whether or not there is an intent to resume the use, for any reason for a continuous period of at least one year or is discontinued, whether or not there is an intent to resume the use, for any reason for more than nine months, whether or not continuous, in each year over a three-year period, the nonconforming use may not be renewed or reactivated, and the status of the use as legally nonconforming shall be terminated.
F.
Nonconforming structures created as a result of government actions. Whenever a legally existing use or structure is made nonconforming as a result of the exercise of eminent domain by any local, state or federal government or agency, the resulting nonconforming use or structure may be rebuilt, restored and reoccupied in the event the nonconforming use or structure is damaged or destroyed by natural disaster or fire to the extent of more than 60% of the cost of replacement, provided that:
§ 18:1-131 Nonconforming signs.
A.
C.
Discontinuance.
(1)
If the use of any nonconforming sign or sign structure is discontinued for a period of 90 consecutive days, regardless of any intent to resume or not to abandon such use, that nonconforming sign or sign structure shall be conclusively presumed to have been abandoned and shall not thereafter be reestablished except in full compliance with this Chapter 18:1.
(2)
For purposes of this section, "discontinued" includes, for example:
(3)
"Discontinued" does not include any period during which a nonconforming sign or sign structure is not used for sign purposes as a result of government actions, strikes, material shortages or acts of God, and without any contributing fault by the nonconforming user.
D.
Damage or destruction. Any nonconforming sign damaged or destroyed, by any means, to the extent of more than 60% of its replacement cost shall be terminated and may not be restored.
E.
Amortization of nonconforming signs.
(2)
The following types of nonconforming signs or signs that are nonconforming in any of the following ways shall be altered or removed to comply with the provisions of this Chapter 18:1:
(a)
Auxiliary signs;
(b)
Portable signs or other temporary signs;
(c)
Flashing signs, animated signs and moving signs;
(d)
Signs that obstruct free ingress or egress from a fire escape, door, window or other required accessway;
(e)
Signs which by reason of size, location, coloring, or manner of illumination obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device; and
(f)
Signs that advertise a business no longer conducted or a product no longer sold on the premises where the sign is located.
(3)
Removal of any nonconforming off-premises sign (billboards) along federal aid highways is subject to applicable federal and state regulations.
§ 18:1-132 General requirements.
A.
In general. Any work or other activity for which a zoning approval is required by this section may not be commenced or continued until:
(1)
Proper zoning approval has been issued, showing that application has been made and that the building or part thereof and the proposed use thereof conform with the provisions of this Chapter 18:1;
(2)
If a building permit is required, the location has been staked and inspected, as required by this article; and
(3)
A building permit is required to locate, erect, or begin the construction, reconstruction, extension, conversion, or alteration of any structure.
B.
Final certificates. A final certificate is required to:
(1)
Use or allow the use of any land in any manner in which it was not used on the effective date of this Chapter 18:1;
(2)
Use or allow the use of any structure or part of a structure that is created, erected, constructed, reconstructed, extended, converted, or structurally altered, in whole or in part, after the effective date of this Chapter 18:1;
(3)
Change the use or allow the change of use of any land or structure after the effective date of this Chapter 18:1; or
(4)
Use or occupy a structure or part of a structure for which a building permit is required.
§ 18:1-133 Requisites to zoning approval.
A.
Lot requirements. A zoning approval may not be issued until the Planning Director determines that the land to which the approval will be applicable:
C.
Other requirements. The requirements of this article are in addition to any other requirements or approvals established by the Building Code and any other law, ordinance, rule, or regulation which now or hereafter establishes conditions requisite to any activity for which a zoning approval is required.
§ 18:1-134 Burden of applicant.
An applicant for a zoning approval has the burden of furnishing all information required by this article and establishing any fact necessary for the issuance of the zoning approval.
§ 18:1-135 Application.
A.
Filing. Application for a zoning approval shall be filed with the Planning Director by the owner of the lot to be affected or by the owner's attorney or agent.
B.
Contents. The form of the application shall:
(1)
Be prescribed by the Planning Director;
(2)
Contain such information with regard to the lot and its neighboring lots, buildings, and uses as the Planning Director may deem necessary to determine and provide for the administration and enforcement of this Chapter 18:1; and
(3)
Include at a minimum a drawing, approximately to scale, that shows:
C.
Fee. A filing fee, in an amount established by the County Commissioners, shall be paid at the time when the application is submitted.
§ 18:1-136 Building permits.
A.
Requirements. The Planning Director may not issue a building permit until the Planning Director determines that:
(1)
The lot and the location of the proposed structures or other improvements on the lot have been staked out on the ground by the owner or the owner's agent and the locations staked have been inspected and approved by an authorized employee of the Department;
(2)
The proposed building, structure, premises, and uses conform with all requirements of this Chapter 18:1;
(3)
All necessary approvals have been issued by other County, state, or federal agencies whose approval is required in connection with any activity authorized under the building permit, such approvals including those required by the Building Code, the County Health Officer, the County Roads Ordinance, the Sediment Control Ordinance, and the Stormwater Management Ordinance;[1]
(4)
If the permit involves any construction that is subject to the Building Code, the requirements of the Building Code with respect to issuance of a building permit have been fulfilled; and
B.
Scope. A building permit does not authorize the occupation or use of any land, building, structure, or sign until such time as a final certificate of occupancy has been issued.
§ 18:1-137 Duration of permit.
A.
In general. A building permit shall expire and be void for all purposes at the earlier of:
(1)
The time when a final certificate is issued;
(2)
Six months after the date the building permit is issued, if the construction for which it was issued has not been started; or
(3)
If construction started within that time, six months after construction (other than incidental work or work involving no substantial progress toward completion) is terminated.
B.
Effect of termination.
(1)
If a building permit expires for any reason other than the issuance of a final certificate, all buildings or other improvements erected or made on the site since the issuance of the permit (including buildings or improvements, if any, not made in accordance with the permit) shall be removed and the site returned as nearly as possible to its condition prior to the time when the permit was issued.
(2)
All removal and restoration required by this subsection shall be made at the sole expense of the owner of the site.
C.
Extension.
(1)
Upon written application by the owner, the Planning Director may, in writing, extend a building permit for a specified period, upon payment of such additional fee as may be prescribed by the County Commissioners.
(2)
The cumulative length of all extensions under this subsection may not be more than nine months unless the Planning Director finds that:
§ 18:1-138 Final certificates.
A.
In general.
(1)
A final certificate shall be issued under this section after the Planning Director determines that all buildings, structures, signs, and proposed uses on the lot conform with the requirements of this Chapter 18:1.
(2)
Compliance relating to approved site plans is determined through the submittal of an as-built by a registered civil engineer or professional land surveyor prior to issuance of a final certificate.
B.
Occupancy certificates.
(1)
If a building permit was issued and was subject to the Building Code, an occupancy certificate shall be issued in accordance with the requirements of the Building Code.
(2)
Compliance relating to approved site plans is determined through the submittal of an as-built by a registered civil engineer or professional land surveyor prior to issuance of an occupancy certificate.
C.
Zoning certificates. The Planning Director shall issue a zoning certificate if:
(1)
In circumstances where no building permit is required under the provisions of this article, such as where the purpose for which a certificate is sought involves only the use of land, buildings, or structures, the Planning Director determines after investigating the land, buildings, or structures that a zoning certificate is authorized by Subsection A of this section; or
(2)
In circumstances where a building permit was required but the work or activity involved was not subject to the Building Code, the Planning Director inspects the lot, buildings or other improvements, and thereafter determines that:
D.
Notification by owner. It is the responsibility of the owner to notify the Planning Director of the owner's desire for any inspection necessary for a final approval.
E.
Refusal to issue. The Planning Director shall promptly notify the owner of any reasons for refusal to issue a zoning certificate and specify a time within which the matters referred to in the notice are to be completed.
§ 18:1-138.1 Conformity required.
§ 18:1-139 Applicability.
A.
When required.
[Amended 4-24-2007 by Ord. No. 07-04]
(2)
Site plan approval is not required for the following development:
(a)
Farm buildings on a farm;
(b)
Existing not-for-profit youth camps;
(c)
Conversion of an existing residential building to a commercial use, that does not involve the construction of additional floor area or outside storage; or modification of a single-family dwelling to a conversion dwelling; except that a concept plan shall be submitted which demonstrates adequate parking, landscaping, resource protection and stormwater management, as well as proper access to the property and compliance with the district regulations set forth in Chapter 18:1, Part 3, Article V, of this Chapter 18;
(d)
Additions to existing nonresidential buildings that existed on April 9, 1987, if the addition and all previous additions to the building since April 9, 1987, cover 10% or less of the allowed floor area of the site in which the building is located;
(e)
Improvements not related to buildings that do not increase impervious surface area by more than 10% as it existed on April 9, 1987;
(f)
Additions to existing nonresidential buildings constructed after April 9, 1987, if the addition and all previous additions to the building since April 9, 1987:
[2]
Do not result in a change to parking design, traffic circulation or the location of driving aisles and medians on the site or to a degree which the Planning Director considers inconsistent with County parking and loading standards; and
[3]
Do not significantly change building materials, architecture or building layout or increase building height in a manner or to a degree that the Planning Director considers inconsistent with County standards or with previous Planning Commission approvals; and
[4]
Do not require any other modifications that the Planning Director considers significant enough to warrant submission of a site plan, amendment of an approved site plan, and/or full Planning Commission review.
(g)
Improvements not related to buildings that do not increase by more than 10% impervious surface area created after April 9, 1987, and
[1]
Do not result in a change to parking areas, traffic circulation and the location of driving aisles and medians on the site or to a degree which the Planning Director considers inconsistent with County parking and loading standards; and
[2]
Do not require additional stormwater management; and
[3]
Do not require any other modifications that the Planning Director considers significant enough to warrant submission of a site plan, amendment of an approved site plan, and/or full Planning Commission review.
(3)
Site plan approval is required for all utility-scale solar arrays.
[Added 1-23-2018 by Ord. No. 17-17]
§ 18:1-140 Burden of applicant.
A person seeking review and approval of a site plan has the sole burden of supplying all information required by this article and of establishing any fact necessary to any determination to be made under any provision of this article.
§ 18:1-141 Minor site plans.
A.
Minor site plan defined. In this section "minor site plan" means a site plan that involves only:
§ 18:1-142 Optional preliminary review.
The purpose of §§ 18:1-142 through 18:1-147 of this article is to provide a method for prompt determination of matters relating to a site plan that require consideration by the Planning Commission without subjecting an owner to the expense of furnishing information required under §§ 18:1-148 through 18:1-150 of this article.
§ 18:1-143 Special application.
A.
Special application. Instead of filing a site plan, an applicant may file a special application and, if applicable, a concept plan for a preliminary determination by the Planning Commission with respect to matters specified in the application.
B.
Contents of special application. The special application shall specifically identify the matters that the owner seeks to have determined and shall include any information that is relevant to a full and complete evaluation of those matters. The owner shall at all times have full responsibility for furnishing all such relevant information.
C.
Concept plan: required information.
(1)
A plat shall contain a location map that indicates the location of the subdivision or development in relation to municipal boundaries and traffic facilities.
(2)
A plat shall show the boundaries of the land that is the subject of the application and specify the location and position of the proposed development. A copy of the property deed must be indicated.
(3)
A plat shall show the status of all land adjacent to the property that is the subject of the application.
(5)
The plat shall indicate all existing and proposed structures, roads, parking areas and setbacks, including dimensions. Parking and buffer yards must be shown on the plat and must include all computations as to how numbers were arrived at.
(6)
The plat should include an environmental review with comments by the Department of Natural Resources. Critical areas designation and delineation (IDA, LDA and RCA) and buffers must be indicated on the plat.
(8)
The concept plan shall indicate the following site statistics:
(a)
Minimum required landscape surface area for site;
(b)
Proposed landscape surface area;
(c)
Maximum amount of allowable floor area;
(d)
Floor area proposed;
(e)
Number of required parking spaces;
(f)
Zoning of proposed and adjacent sites;
(g)
Amount of allowable impervious area;
(h)
Total site area, open space, net buildable area, and impervious area;
(i)
Amount of proposed impervious area; and
(j)
Area of proposed roads for right-of-way.
(9)
A concept plan shall include the following note: "Planning Commission approval of this concept plan shall not constitute an approval of the proposal or a finding by the Planning Commission that provisions of this Chapter 18 or other requirements of the County Code have been satisfied. Approval of this concept plan only grants permission for the applicant to pursue additional approvals from the Planning Commission, the Sanitary Commission and other interested agencies."
D.
Determination by Planning Director. If the Planning Director determines on the basis of the application that all information sufficient to evaluate the requested determination has been furnished, the Planning Director shall so inform the owner in writing. Alternatively, the Planning Director may require the applicant to submit additional information that the Planning Director deems necessary for a full and complete consideration of the requested determination. Until such information is furnished, an application is not complete under this section.
§ 18:1-144 Preliminary determination by Commission.
A.
Action by Commission.
(1)
After submission of a complete special application, the Planning Commission shall consider the matters with respect to which a determination is sought.
(2)
The Commission may require additional information that it deems necessary for a full and complete consideration of the requested determination and until such information is furnished, no determination shall be made.
B.
Basis of determination. A determination by the Commission under this section shall be made:
§ 18:1-145 Effect of determination.
A.
Preliminary determination. Any determination made by the Planning Commission under the provisions of §§ 18:1-142 through 18:1-147 of this Chapter 18:1 shall be considered as preliminary for all purposes. All matters involved in the preliminary determination are subject to reevaluation at the time when the complete site plan is submitted to the Planning Commission in accordance with §§ 18:1-152 through 18:1-156 of this Chapter 18:1.
B.
Preliminary plan disregarded. Nothing in this section shall be construed to preclude the Commission from determining at the time the Commission considers the complete site plan that the preliminary determination should be disregarded or that different action is required because:
(2)
The preliminary determination was made on the basis of insufficient or incomplete information;
(3)
The overall site plan or particular aspects of the overall site plan contains relevant factors not considered by the Planning Commission in making the preliminary determination; or
(4)
Conditions other than those referred to in the preliminary determination are necessary or desirable.
§ 18:1-146 Procedure after determination.
Following a preliminary determination by the Planning Commission, the owner may file an application conforming to all requirements of §§ 18:1-148 through 18:1-150 of this Chapter 18:1. In processing the application, full effect shall be given to the preliminary determination of the Planning Commission. However, the Planning Director or any agency making a report in accordance with § 18:1-151 of this Chapter 18:1 may indicate in its report any objection to the preliminary determination and/or any suggestions for modification of that approval. The objections and suggestions shall be considered by the Planning Commission at the time of its review in accordance with §§ 18:1-152 through 18:1-156 of this Chapter 18:1.
§ 18:1-147 Preliminary determination of variances.
C.
Special application. Instead of first filing a site plan, an applicant may file a special application and, if applicable, a concept plan for a preliminary determination by the Planning Director that approval cannot be given until a variance has been granted.
D.
E.
Concept plan: required information.
(1)
A plat shall contain a location map that indicates the location of the subdivision or development in relation to municipal boundaries and traffic facilities.
(2)
A plat shall show the boundaries of the land that is the subject of the application and specify the location and position of the proposed development. A copy of the property deed must be indicated.
(3)
A plat shall show the status of all land adjacent to the property that is the subject of the application.
(5)
The plat shall indicate all existing and proposed structures, roads, parking areas, and setbacks, including dimensions. Parking and buffer yards must be shown on the plat and must include all computations as to how numbers were arrived at.
(6)
The plat should include an environmental review with comments by the Department of Natural Resources. Critical areas designation and delineation (IDA, LDA, and RCA) and buffers must be indicated on the plat.
(8)
The concept plan shall indicate the following site statistics:
(a)
Minimum required landscape surface area for site;
(b)
Proposed landscape surface area;
(c)
Maximum amount allowable floor area;
(d)
Floor area proposed;
(e)
Number of required parking spaces;
(f)
Zoning of proposed and adjacent sites;
(g)
Amount of allowable impervious area;
(h)
Calculation of net buildable area;
(i)
Amount of proposed impervious area; and
(j)
Area of proposed roads for rights-of-way.
F.
Procedures for variance review.
(2)
Within 10 working days of receipt of a complete application, the Department shall notify the applicant in writing:
(3)
Formal variance appeal.
(a)
Following receipt of the Department's written comments, the applicant may submit a formal variance appeal as prescribed by the Board to the Clerk to the Board.
(b)
The Clerk to the Board shall forward copies of the application to the Departments of Planning and Zoning, Public Works, and Environmental Health, the State Highway Administration, and the Critical Areas Commission, if applicable.
(4)
Application review.
(a)
The Planning Director shall assign the case to a staff member.
(b)
The designated staff member shall review the application and, based on the information submitted with the application, prepare a staff report as to staff's comments, concerns, and recommendations. Although the designated staff person may request that additional information be presented or that the application be amended, this request is not a requirement.
(c)
Within 10 working days, the staff report shall be forwarded to the Board and to the applicant.
(5)
The Attorney for the Board is responsible for scheduling a hearing date. Once the hearing date has been posted, additional information may not be added to the applicant's file.
§ 18:1-148 Application for site plan approval.
A.
Contents.
(1)
Application for approval of a site plan shall be filed with the Planning Director by the owner of the lot to be affected or by the owner's attorney or agent, together with the fee prescribed by the County Commissioners.
(3)
No action shall be taken with respect to an application until the Planning Director determines that all required information has been submitted.
B.
Copies. An application, site plan, or other information required to be furnished by this article shall be accompanied by the number of copies of that information as prescribed by the Department of Planning and Zoning. After preliminary review, additional copies may be required for submission to the Planning Commission.
C.
Scope of requirements. If any provision of this section or §§ 18:1-119 and 18:1-120 of this Chapter 18:1 requires information with respect to a physical feature or characteristic on or near the site, the provision shall be construed to mean that both existing and proposed features of that type are to be shown, with proper indication of whether each feature is existing or proposed.
D.
Notice to adjacent property owners and volunteer fire departments. Applications for administrative, major and minor site plan approval, including applications for any amendment or revision to an approved site plan, shall include evidence, satisfactory to the Planning Director, that the applicant has provided written notice of the submission and purpose of the application to all adjacent property owners to the mailing address contained in the state property tax records. In addition all applications for site plan approval shall include evidence that the foregoing notice was provided to the local volunteer fire department providing primary service to the subject property and that the applicant has met with or offered to meet with and discussed, or offered to discuss, in good faith, the impact of such development on the provision of emergency services, the possible financial cost and impact thereof and the possible offset or mitigation by the developer of costs associated therewith.
[Added 6-24-2008 by Ord. No. 08-07; amended 7-10-2012 by Ord. No. 12-01]
E.
Other information. In addition to the information specifically required by this article, the Planning Commission or the Planning Director may at any time require, in writing, that the applicant furnish any other information that will be requisite to the issuance of a zoning approval under this Part 7 if site plan approval is given.
§ 18:1-149 Contents of plat.
A.
Scale. A site plan shall contain a plat, drawn to a scale of not less than one inch equals 100 feet, that contains the information required by this section. The Planning Director may authorize the use of a different scale if, in the Planning Director's opinion, the information required to be shown on the plat can be presented with equal clarity by the use of a different scale.
B.
General information. The following general information shall be shown on the plat:
(1)
A small location key map showing the tract and illustrating its relationship to the nearest major street intersection and adjacent streets;
(2)
A North arrow oriented to the top of the page and bar scale of the drawings;
(3)
A title block including:
(a)
The name of the development;
(b)
The names and addresses of the persons shown as the record owners of the site as shown by the land records of the County;
(c)
The name of the developer and the developer's architect, professional land surveyor, or engineer;
(d)
The seal of the architect, professional land surveyor, or engineer; and
(e)
The map, block, parcel/lot number;
(5)
Required certifications.
[Amended 10-28-2008 by Ord. No. 08-21]
(a)
Public Works certificate.
This is to verify that the site plan plat was approved by the Department of Public Works of Queen Anne's County on the ______ day of ______, 20 ___. | |
(Signature) |
(b)
Queen Anne's County Department of Emergency Services - Office of the Fire Marshal certificate.
This is to certify that the site plan plat was approved by the Department of Emergency Services - Office of the Fire Marshal on the ______ day of ______, 20 ___. | |
(Signature) |
(c)
Queen Anne's County Soil Conservation Service certificate.
This is to verify that the site plan plat was approved by the Queen Anne's County Soil Conservation Service on the ______ day of ______, 20 ___. | |
(Signature) |
C.
Legend. The plat shall contain a legend with the following information:
(1)
The gross square footage of all buildings and structures;
(2)
The present zoning of the site;
(3)
The area, in square feet, of landscape surface area on the site not occupied by structures, paving, and other impervious surfaces;
(4)
All plant types by name, plant quantities, and sizes used in landscaping; and
(5)
With respect to nonresidential uses, the number of employees in the largest shift or, for places of assembly, the maximum capacity of the meeting or assembly space.
D.
Physical features. The following information shall be graphically represented and identified, with further description as required:
(1)
Property lines and right-of-way lines with metes, bounds, courses, and distances indicated;
(2)
The ownership, use, and zoning classification of each adjoining property;
(3)
Lines and dimensions of all easements, including off-site easements, that affect the site, together with the names of the record owner of each easement as shown by the land records of the County and a description of the facilities located or to be located within the easement;
(5)
The approximate location of all isolated trees having a trunk diameter of six inches or more, and all tree masses;
(7)
All building restriction lines and buffer yards as required under this Chapter 18:1 for the entire site;
(8)
With respect to planned residential developments, the location and area of each lot or building site within the site plan;
(9)
The location, size, height, and yard area of all structures and other improvements, including buildings, parking and loading areas, roads, walkways, drainage structures, utility poles, fences, and retaining walls, and a general description of the use for which each building is intended;
(10)
With respect to multifamily and apartment developments, the location and configuration of buildings, locations of common ground areas, open space, major utility easements, and stormwater retention areas;
(11)
All exterior sign design, including location and size of both freestanding and wall signs and illumination techniques;
(13)
The location of outside refuse collection areas and type of enclosure proposed to screen all refuse containers from public view;
(14)
The location of any existing or proposed well and septic fields; and
(15)
The location and size of any proposed or existing exterior outside storage and display of retail or wholesale merchandise.
E.
Traffic. The following information shall be graphically represented and identified with respect to internal and peripheral vehicular circulation:
(1)
Curb cuts required to provide ingress and egress to and from adjacent streets;
(2)
Widths, including any proposed widening, of all adjacent streets and rights-of-way and the size and location of traffic islands and medians;
(3)
Location and dimensions of any new easements and right-of-way dedications;
(4)
All street entrances on the opposite side of any street adjacent to the site;
(5)
Location of all parking spaces, driving aisles, and medians on the site;
(6)
Location and dimensions of all curbs; and
(7)
Location and size of spaces to be used for outdoor vehicular and equipment storage and the location and description of screening for the spaces.
F.
Drainage. The following information shall be graphically represented and identified with respect to drainage:
(1)
All ponds, lakes, basins, sinkholes, or other bodies of water and the proposed use of each (e.g. recreational, retention, etc.);
(2)
Storm sewers that will serve the site;
(3)
The location of the sanitary sewer hookups and an indication of the sanitary sewer district or sewer company to serve the project;
(4)
Major drainage facilities, such as bridges, culverts, channels, creeks, etc.; and
(5)
The limits of the one-hundred-year floodplain zone.
G.
Site grading. Contours of the site, referenced to U.S. Geological Survey data, and extending at least 50 feet in each direction outside of the site shall be graphically represented. Existing contour lines shall be differentiated from proposed contour lines. Normally, contour lines shall be at two-foot intervals. In cases of unusual topography, the plan should employ more descriptive contour intervals, varied frequency of contours, and/or spot elevations. The Planning Commission or the Planning Director may require such description in any case.
§ 18:1-150 Other contents of site plan.
A.
In general. A site plan shall also contain the information required by this section and may include other information that the applicant considers relevant to any factor to be considered by the Planning Commission. The information required by this section may be shown on the plat referred to in § 18:1-149 of this Chapter 18:1 or in separate documentation.
B.
Specific requirements. The site plan shall contain:
(2)
One copy of the base site area and net buildable area calculations as required by this Chapter 18:1;
(5)
A color photograph and/or rendering of any proposed building as viewed from the front of the lot at the street lot line and elevation views of the remaining sides of the building, sufficient to represent adequately its appearance, massing and relationship to the site. All color photographs and/or renderings must:
(a)
Show the building from the eye-level perspective of an average height person standing at the same elevation as the building;
(b)
Include any existing or proposed accessory structures and landscape features (including, but not limited to, foundation landscaping; fencing, berms, pavement surfaces, canopies, signage, lighting fixtures, mechanical equipment, and dumpster areas) which would be visible in the immediate foreground, adjacent to the sides, or in the immediate background of the proposed building elevation view. Landscaping features must be consistent with the landscaping plan in size, plant maturity, and location;
(c)
Include labeling to clearly identify the proposed building materials shown in the elevation views;
(d)
Show elevation views for all sides of the proposed building, including sides which are not directly visible from a public way;
(e)
Show elevations of all sides of the proposed building on the site plan; and
(f)
Be submitted on an original submittal date or with any minor site plan application.
(6)
A color photograph and/or rendering of any proposed signage shall be submitted, which adequately represents its appearance, massing, landscaping and illumination techniques, and relationship to site.
C.
Cover letters. All original and revised development applications must be accompanied by an appropriate number of applications, plats, and cover letters outlining the project, noting any changes to the project, and addressing formal staff comments.
§ 18:1-151 Administrative review of site plan.
A.
Preapplication meeting.
(1)
Prior to the submittal of a new development application that requires Planning Commission approval, a preapplication meeting between the Department, the applicant and the applicant's engineer/surveyor is required.
C.
Time frame. The development review schedule includes the following significant time frames.
(1)
The original submittal date is the first regularly scheduled date when a project with a complete application may be submitted to the Department and included in the development review cycle. A submittal meeting between the Department and the applicant's agent is required.
(2)
Staff Technical Advisory Committee (STAC) refers to the regularly scheduled date when relevant government agencies meet to review development applications and provide the applicant with formal comments. Each development application requires STAC review at least once. Development applications that involve concept and site plan approval require STAC review at each stage of the approval process. Revisions to approved site plans may not require additional STAC review. The Planning Director reserves the right to eliminate unnecessary STAC reviews, if appropriate. Formal staff comments will not be made available to the engineers/surveyors or applicants until a STAC meeting.
(3)
The twenty-five-day cutoff is the regularly scheduled date that complete development applications may be submitted to the Department for consideration for the next regularly scheduled Planning Commission meeting. A submittal meeting between the Department and the applicant's agent is required.
(4)
The fifteen-day administrative approval is the regularly scheduled date when the Department completes all development application reviews, sets the Planning Commission agenda and prepares Planning Commission staff reports.
(5)
The Planning Commission meeting is the regularly scheduled date that the Planning Commission meets.
D.
Incomplete applications. Incomplete development applications submitted on the original cutoff and/or twenty-five-day cutoff date will not be accepted or moved forward for the formal development review cycle. Should the applicant still desire staff review of the development application, the applicant must sign a letter of understanding indicating the applicant understands the development application is incomplete and will not be processed through the development review cycle. Incomplete development applications will be reviewed as staff time permits.
§ 18:1-152 Report to Commission.
A.
When made. Action may not be taken in accordance with this section or §§ 18:1-149 through 18:1-152 of this Chapter 18:1 until any major or minor subdivision necessary to establish the site has been finally approved and the applicant has delivered to the Planning Director:
(1)
Reports containing an affirmative statement by each agency to whom the site plan has been referred that the site plan meets all requirements with which the particular agency is concerned and that the agency has no recommendations;
(2)
The number of paper copies as prescribed by the Department of Planning and Zoning; and
(3)
A disk that contains a CAD drawing illustrating all approved property lines only, if available.
§ 18:1-153 Consideration by Commission.
A.
Submission.
(1)
The site plan, all other documents filed by the applicant, and the report of the Planning Director shall be submitted to the Planning Commission at its next regular meeting that is at least 10 days after the report of the Planning Director.
(2)
The Commission may require the applicant to submit any additional information that it deems necessary to assist in its review of the site plan.
B.
Requirements for approval. The Planning Commission may not approve any site plan unless it determines that the site plan:
(2)
Will not substantially increase traffic hazards or safety concerns due to traffic generated by the proposed use, the location or orientation of curb cuts, or the layout of internal circulation;
(3)
Contains a layout of buildings, parking, roads, and utilities that does not substantially increase fire, health, or other public safety hazards;
(4)
Is adequately buffered and screened to minimize potential adverse impacts to neighboring properties and public rights-of-way;
(5)
Will not substantially increase stormwater drainage or pollution;
(6)
Will not have an unreasonably adverse effect upon property values in the vicinity of the site;
(7)
Will not adversely affect the public welfare, and will provide for public safety through compliance with the State Fire Code and with any applicable County or municipal Fire Codes.
[Amended 2-12-2008 by Ord. No. 06-103]
(8)
Is compatible with the general character of the surrounding neighborhood.
C.
Approval. If the Planning Commission determines that the site plan fulfills all of the requirements for approval, it shall approve the site plan.
D.
Conditional approval. If the Planning Commission determines that the site plan does not adequately fulfill any one or more of the requirements for approval and that such inadequacy may be removed by amendment of the site plan or the application of conditions to approval, the Commission may approve the site plan subject to such conditions and/or submission of a revised site plan containing changes that the Commission determines will adequately fulfill the requirements for approval.
E.
Denial of approval. If the Planning Commission determines that the site plan does not fulfill any one or more of the requirements for approval and that the requirements for approval cannot be fulfilled by amendment to the site plan or by the application of conditions to approval, the Commission shall deny the application. The decision shall contain the reasons for denial.
F.
Notification. Unless the applicant or the applicant's representative is present at the meeting at which action is taken by the Planning Commission, the Planning Director shall:
§ 18:1-154 Conditions of approval by Commission.
A.
Required conditions. In addition to any other conditions that it may impose under this article, any final approval by the Planning Commission shall:
(1)
Include a schedule for commencement and substantial completion of all construction, including construction referred to in Subsection A(2) of this section (which period shall ordinarily be no more than 24 months from the date of final approval by the Planning Commission);
(2)
Include a finding that all resource protection, landscaping, buffer yards, off-street parking and loading, and other facilities and improvements required under this Chapter 18:1 and all required improvements that the Planning Commission determines are necessary with respect to the particular site have been completed; and
§ 18:1-155 Form and duration of approval.
A.
Form.
(1)
After approval, the Chairman or Secretary of the Commission (or, in the case of a minor site plan, the Planning Director) shall note the approval and its date on the site plan.
(2)
The signature of the Chairman, Secretary, or Planning Director shall constitute final approval of a site plan, and a site plan is not finally approved until the required signature is affixed.
§ 18:1-156 Recording.
After an approved site plan has been signed as required under this Chapter 18:1, an approved site plan and all related documents shall be permanently filed by the Planning Director among the records of the Department of Planning and Zoning.
§ 18:1-157 Amendment of approved site plans.
A.
In general. A site plan approved by the Planning Commission in accordance with §§ 18:1-152 through 18:1-156 of this Chapter 18:1 or under any prior ordinance, including any conditions or guarantees attached to its approval, may be amended in accordance with this section. All other requirements and standards of this article are applicable to this section.
B.
Application.
(1)
A person desiring to amend a site plan shall submit all information necessary to provide a complete reflection of the proposed amendment and its effect upon the original site plan and any prior amendments.
(2)
The proposed amendment shall be accompanied by a fee established by the County Commissioners.
C.
Initial review.
(1)
Prior to official acceptance, the Planning Director shall review the amendment and determine whether all necessary information has been supplied and whether review and approval by other appropriate agencies is required prior to submission to the Planning Commission. If such review and approval is required, the Planning Director shall notify the applicant, in writing, and transmit the proposed amendment to such agencies for review and further report. Further action may not be taken with respect to a proposed amendment until all information required by this subsection is furnished.
(2)
The Planning Director shall have the authority to approve minor amendments to approved site plans, provided the amendment does not:
(b)
Change the parking design, circulation or location of landscape islands in a manner or to a degree which the Planning Director considers inconsistent with County parking and loading standards;
(c)
Significantly change building materials, architecture or building layout or increase building height in a manner or to a degree that the Planning Director considers inconsistent with County standards or with previous Planning Commission approvals; and
(d)
Require any other modifications that the Planning Director considers significant enough to warrant full Planning Commission review.
D.
Consideration. The Planning Commission shall consider the proposed amendment at a regular meeting that is at least 10 days after the Planning Director determines that all necessary information has been furnished. The Commission shall review the proposed amendment as if it had been submitted as an original site plan under this article.
E.
Approval.
(1)
If the Planning Commission determines that the amendment does not represent a significant change from the use or character of the site plan as originally approved or in previously approved amendments, or does not require review and approval by other appropriate agencies, the Commission may approve or disapprove the amendment in the same manner as would be permitted with respect to an original site plan.
(2)
The approval of any amendment shall contain such conditions for guarantee and completion of construction as may be found necessary or appropriate by the Planning Commission.
F.
Reconsideration. If the Planning Commission determines that the amendment represents a significant change from the use or character of the original site plan and previously approved amendments or requires more detailed review and approval by other appropriate agencies, the proposed amendment shall be regarded as an original application for a site plan and further action shall be taken with respect to the proposed amendment as if it were being filed as an original application with the Planning Director.
G.
Recording. Any amendment approved by the Planning Commission shall be filed by the Planning Director among the records of the Department of Planning and Zoning.
§ 18:1-158 General requirements.
A.
In general. Before any land within a subdivision is transferred or offered for sale, a final plat of subdivision shall be approved, signed and recorded in accordance with the provisions of this article and the Planning Commission must find that the proposed subdivision addresses all nonconformities.
B.
Scope of requirement.
(1)
Any division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the immediate or future purpose of sale or building development or the re-platting or re-boundarying of existing lots, tracts or parcels of land are subject to the provisions of this article. Such division includes resubdivision of a lot, tract or parcel that has been previously subdivided.
(2)
In addition to plats, maps and other graphic representations of a subdivision, the description of a lot or parcel by metes and bounds in an instrument of transfer or other document used in the process of any sale or transfer, or proposed sale or transfer, is subject to the provisions of this article, if the effect of the instrument or document is to represent a subdivision, as defined in this Chapter 18:1.
§ 18:1-159 Objectives.
The Planning Director and Planning Commission shall encourage designs that not only meet the minimum subdivision requirements but also result in the most beneficial use of land by:
A.
Providing a more efficient design, thereby reducing the cost of improvements, performance bonds and cost of the lots;
B.
Providing design features or engineering that will be more easily maintained over time and less subject to failure or damage;
C.
Providing for greater safety at less expense to the public agencies responsible for the maintenance of public facilities, such as roads, sewer and water facilities, drainage facilities and detention facilities;
D.
Providing for the coordinated development of adjoining properties to the benefit of future residents and the general public, and ensuring that the future development potential of adjoining properties is not unduly limited;
E.
Providing for drainage through maximum use of natural drainage patterns, whenever practical;
F.
Providing for a drainage system that is unlikely to develop erosion, washout or flooding problems;
G.
Providing stormwater management facilities that are least costly to maintain and repair;
H.
Providing for the shortest or most compact road, drainage, sewer or water system to reduce long-term public maintenance and operational costs;
I.
Providing for maximum protection of natural resources; and
J.
Providing that, to the extent practical, residential lots and structures shall be located at the fringe edges of existing woodlands and fields and the lots designated so that agricultural fields and open spaces are conserved.
K.
Providing for public safety through compliance with the State Fire Code and with any applicable County or municipal Fire Codes.
[Added 2-12-2008 by Ord. No. 06-103]
§ 18:1-160 Responsibility of developers.
A.
General responsibility.
(1)
The developer has sole responsibility to follow the procedures set forth in this article for:
(2)
The developer has the sole burden of establishing any facts necessary to any determination required to be made by this article.
(3)
The provisions of this section illustrate, but do not limit, these general responsibilities.
B.
Required information. The developer has sole responsibility to provide all plats, plans, specifications, cost estimates and other information required by or furnished by the developer in connection with any procedure authorized under this article and is solely liable for any errors or omissions in that information.
C.
Construction. The developer has sole responsibility for the construction of all required improvements and is solely liable for any errors, omissions, faulty workmanship or other damage that may result from or occur during such construction.
D.
Emergency services. The developer is responsible for notifying the volunteer fire department which will provide primary service to the development and shall meet or offer to meet with such volunteer fire department to discuss, in good faith, the impact of such development on the provision of emergency services, the possible financial cost and impact thereof and the possible offset or mitigation by the developer of costs associated therewith.
[1]
Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.
E.
Agency action.
(1)
Following any review or approval by an agency or agency employee in accordance with this article, the developer has sole responsibility to determine that no errors or omissions were present in the process of such review or approval.
(2)
The responsibility of the developer is not affected to any degree because an agency or agency employee gave any approval or otherwise acted consistently with any information furnished by the developer. An agency or agency employee does not have any responsibility or liability with respect to any errors or omissions that occur in connection with or as the result of any review or approval authorized by this article.
§ 18:1-161 General standards of design.
A.
Basic conformance. A subdivision layout shall conform to the Comprehensive Plan and to the other provisions of this Chapter 18:1.
B.
Existing structures.
(1)
In considering and approving an application, the Planning Commission may modify the requirements of Parts 3 and 4 of this Chapter 18:1 with respect to any proposed lot that will contain an existing structure if the Commission finds that:
(a)
The full application of those requirements would necessarily prohibit any subdivision or reduce the number of lots that could be included in the subdivision;
(b)
Factors other than such reduction demonstrate that it would be unduly burdensome to require that the lot meet those requirements exactly; and
(c)
The modification is the least necessary to reduce that burden.
§ 18:1-162 Delegation of power of approval.
A.
Authorization.
(1)
The Planning Commission may authorize the Planning Director, the Deputy Planning Director, the Zoning Administrator or an equivalent administrative official to approve an administrative subdivision or a minor subdivision.
B.
Effect.
(1)
An administrative official to whom authority is granted in accordance with this section may approve and sign a final plat and shall have those powers conferred upon the Planning Commission by this article that are necessary to exercise that authority.
(2)
With respect to any subdivision that may be approved by an administrative official, the words "Planning Commission" in other sections of this article shall be construed to mean that administrative official.
§ 18:1-163 Application for subdivision approval.
A developer who wishes to subdivide property shall file an application with the Planning Director. The Planning Director may not accept any application that does not contain all information and documentation required under this article. The application shall be accompanied by a nonrefundable fee in an amount prescribed by the County Commissioners.
A.
Notice to adjacent property owners. Applications for administrative, major and minor subdivision approval, including applications for any amendment or revision to an approved or recorded subdivision plat, shall include evidence, satisfactory to the Planning Director, that the applicant has provided written notice of the submission and purpose of the application to all adjacent property owners to the mailing address contained in the state property tax records.
§ 18:1-164 Effect of approval of final plat.
After any final plat has been approved in accordance with this article, the word "lot" as applied to any land within the subdivision as finally approved shall be deemed for purposes of this Chapter 18:1 to mean a lot as shown on the final plat. Any prior size or configuration of all or any part of the land within such subdivision, or the prior status of any such land as a "lot," is superseded by the final approval.
§ 18:1-165 Administrative subdivisions.
All administrative subdivisions shall be reviewed by the Planning Director, unless the Planning Director determines that the administrative subdivision should be seen by the Planning Commission or the applicant requests Planning Commission review and approval.
§ 18:1-166 Applicability of provisions to administrative subdivisions.
A.
Applicability. Sections 18:1-167 through 18:1-171 of this Chapter 18:1 apply only to a subdivision that is made for a purpose referred to in § 18:1-167 of this Chapter 18:1 and that:
(1)
Involves the replatting, redefining or re-boundarying of at least two but fewer than six existing lots;
(2)
Will provide a number of resulting lots equal to or fewer than the number of existing lots involved in the subdivision;
(3)
Does not affect required improvements or existing covenants or guarantees required under this article; and
(4)
Does not involve the creation of new roads or new rights-of-way.
§ 18:1-167 Purposes and limitations of administrative subdivisions.
A.
Purposes. An administrative subdivision may be approved for only one of the following purposes:
B.
Resulting lots. An administrative subdivision may not be approved unless:
C.
No additional subdivision under certain specified conditions. An administrative subdivision that has or has had the effect of combining two or more existing lots into one resulting lot and is requested in anticipation of assessments or fees associated with the extension of public water or sanitary sewer improvements shall be irrevocable. The resulting lot may not be further subdivided at any time, except that lot line adjustments may be approved as is otherwise permitted in this Chapter 18:1, provided such adjustments do not create any new lots of record.
§ 18:1-168 Application methods for administrative subdivisions.
§ 18:1-169 Application for administrative subdivision with plat.
A.
B.
Plat requirements.
(1)
All administrative plats shall be prepared according to the following standards.
(2)
All administrative plats shall be drawn to a legible scale showing the boundaries and dimensions of:
(3)
Administrative plats shall contain the following information:
(a)
The name of the subdivision and information with respect to ownership and professional preparation;
[1]
A land description, except that a complete boundary survey need not be prepared for any administrative subdivision where:
[2]
There are no existing surveys of the existing lots;
[3]
The area in square feet of each resulting lot can be adequately and intelligibly determined by reference to deed descriptions or otherwise; and
[4]
The final administrative plat is accompanied by the certificate of a registered land surveyor that the administrative subdivision creates no nonconformities;
(b)
The location and width of roads or rights-of-way which adjoin any resulting lot;
(c)
Net buildable area shall be labeled on the plats provided for subdivision approval.
(d)
The location of minimum building setback lines on all resulting lots, together with a notation of the distance between such lines and the road rights-of-way lines;
(e)
Ownership, zoning, and use of all adjacent properties;
(f)
Location of the critical area and development area designation (IDA, LDA, or RCA) and the acreage within each development area designation;
(g)
The area in square feet of each resulting lot, calculated to the nearest 100 square feet, plus or minus;
(h)
Identification of each resulting lot by consecutive numerals consistent with the system by which the existing lots were denoted; and
(i)
The location of proposed on-site sewage disposal facilities and private water supply.
(4)
Areas to be dedicated to public use shall be defined and identified by descriptive language, such as "drainage easement," "utility easement," "right-of-way," or "buffer yard easement."
(5)
The following statement shall be on the plat: "After the plat has been approved and recorded, any prior size or configuration of all or any part of the land shown on this plat, or the prior status of any such land as a 'lot' under any zoning ordinance or subdivision regulations, is superseded by the size and configuration of the lots shown on this plat."
C.
Consideration. The Planning Director shall consider the application and determine whether the proposed administrative subdivision meets the requirements of §§ 18:1-159 through 18:1-171 of this Chapter 18:1. The Director may indicate in its approval any conditions or changes which will be required prior to final approval. If an administrative subdivision is disapproved, the notification shall contain the reasons for disapproval.
§ 18:1-170 Approval of final administrative plat.
A.
Filing.
(1)
After a plat has been approved, the applicant shall file with the Planning Director three Mylar and seven paper copies of the final administrative plat and a CAD drawing on floppy disk of the approved property lines, if available.
(2)
The final administrative plat shall be prepared and sealed by an identified registered land surveyor.
C.
Approval. The Planning Director shall approve the final administrative plat with a signature. The signature shall constitute final approval of the subdivision and authorize the plat to be recorded by the Recorder of Deeds. The final administrative plat is not finally approved until it is so recorded.
D.
Disapproval. The reasons for the disapproval of a final administrative plat shall be recorded in the file. Disapproval of the final administrative plat may not prevent the applicant from submitting amended or revised plats in accordance with the provisions of this article.
E.
Notification. The Planning Director shall notify the applicant in writing of the Planning Director's action within seven days after the meeting at which such action is taken. If a final administrative plat is disapproved, the notification shall contain the reasons for disapproval.
§ 18:1-171 Approval of administrative subdivision without plat.
A.
Scope of section. In lieu of the plat required by § 18:1-169 of this Chapter 18:1, the Planning Director may consider and approve an administrative subdivision on the basis of an instrument authorized by this section if:
(1)
All existing lots were established on a single plat (hereafter referred to as "the basic plat");
(2)
The basic plat was recorded among the land records of the County prior to April 9, 1987, and is bound within a book containing plats or other land records;
(3)
All resulting lots are defined or established solely by reference to the metes, bounds, courses, and distances set forth on the basic plat; and
(4)
The Director finds that all resulting lots can be adequately and intelligibly defined in accordance with this section and without requiring a contemporary survey or the preparation of a new plat.
B.
Requirement of instrument. The instrument referred to in this section shall:
(1)
Describe the administrative subdivision only in the manner specified in Subsection C of this section;
(2)
Be signed and acknowledged by each person who owns legal or equitable title to any part of an existing lot, but excluding a person who holds any mortgage, deed of trust, or other lien or encumbrance on the existing lot;
(3)
Be in proper form to be recorded among the land records of the County; and
(4)
Contain a statement in substantially the following form: "after a final approval of this instrument by the Queen Anne's County Planning Director, the word 'lot' as applied to any land described in this instrument shall be deemed for purposes of any zoning or subdivision ordinance to mean a resulting lot established by this instrument. Any prior size or configuration of all or any part of the land described in this instrument, or the prior status of any such land as a 'lot,' is superseded by such final approval."
C.
Description of subdivision. The instrument upon which approval may be given under this section shall clearly identify:
(1)
The basic plat, by reference to the name or title on the basic plat; the date of the basic plat; the date on which the basic plat was recorded among the land records; the specific book and page where the basic plat is physically located and, if such book is not a book that also contains deeds and other general land records, the book and page of the land records where the basic plat is formally recorded;
(2)
The deed by which the owner(s) of each existing lot acquired title, including the date of the deed and the book and page of the land records where it is recorded;
(3)
All existing lots, by specific reference to the basic plat and the section, block, lot, or other identifying characteristics within the basic plat that distinguish existing lots from other lots;
(4)
Each boundary line between existing lots that is to be abolished by the administrative subdivision; and
(5)
Each new boundary line that will define the resulting lots.
D.
E.
Recordation. An instrument approved in accordance with this section shall be promptly recorded among the land records of the County by the Planning Director. The fees for such recording shall be paid by the owner(s) of the land involved in the administrative subdivision.
§ 18:1-172 Major and minor subdivisions; required improvements.
A.
In general. Each subdivision shall contain the required improvements and facilities referred to in this section and Chapter 23 of this Code.
B.
Minimum improvements.
(1)
Each subdivision shall contain roads or highways adequate to provide access to all lots shown in the subdivision and, where required, additional widths for existing major roads or highways in compliance with the County Roads Ordinance.[1] A flag lot shall be at least 20 feet in width to accommodate proper access.
(2)
Each subdivision shall contain storm drainage facilities for the handling and discharge of surface waters. The facilities shall be constructed in accordance with stormwater management plans and specifications prepared in conformity with the Stormwater Management Ordinance and the County Roads Ordinance.[2] The facilities are subject to review and approval by the Department of Public Works.
(3)
Each subdivision shall contain erosion and sediment control facilities for handling erosion and sediment, to be constructed in accordance with Title 4, Subtitle 1, of the Environment Article of the Annotated Code of Maryland and the Sediment Control Ordinance.[3] The Queen Anne's County Soil Conservation Service is responsible for administration of those provisions.
(4)
Each subdivision shall be provided with an approved source of potable water supply and an approved method of sewage disposal. The design, installation, and operation of such facilities is subject to review and approval of the appropriate County and state agencies. If connected to an existing public system, the water or sewer installation shall meet the standards and requirements of such system and shall become a part thereof, without cost to any public agency. Flag sewerage reserve area shall not be allowed.
(5)
Each subdivision shall provide electric and telephone lines necessary to serve lots in the subdivision. Approval of the utility companies is required. Easements for utility lines or drainage purposes shall be provided along the rear or side lot lines, where required, and these shall be used for the installation of service pole lines, or, if underground utility lines are provided, the easement may be in the front of the lot.
(6)
Should any improvement provided pursuant to this subsection be used by other property owners, the applicant for subdivision approval may seek approval for the reimbursement of all or a portion of the costs incurred, pursuant to an approved Public Works agreement.
[Amended 1-18-2005 by Ord. No. 04-31]
(7)
Other improvements. In addition to the improvements required under Subsection B of this section, each subdivision shall contain resource protection, landscaping, buffer yards, and other facilities and improvements as are required in Part 4 of this Chapter 18:1 with respect to the particular site. The Planning Director may prescribe layout and design requirements for engineering plans submitted for such improvements.
C.
Inspection and acceptance.
(1)
All construction work on required improvements and facilities, and all materials used, shall be subject to approval and inspection by the appropriate public agency or department during and upon completion of construction. Approval of a plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown on the plat.
(2)
Where a required improvement is to be transferred to the County, approval and acceptance by the County Commissioners is also required, and no approval given under this article shall be construed to require such acceptance.
§ 18:1-173 Connectivity.
The arrangement of streets within any proposed subdivision abutting areas that are not subdivided shall make provision for the projection of streets into such unsubdivided areas. Lots shall be arranged to allow the opening of future streets and logical further subdivision. When any streets exist on the abutting areas, such streets shall be continued and shall be at least as wide as such existing streets and in alignment therewith. Where streets change design in alignment and width, the applicant shall provide transition sufficient to ensure safe and efficient traffic flow.
§ 18:1-174 Design guidelines for major cluster subdivisions in AG, CS, NC, E, SE, SR and VC Districts
A.
Purpose. The purpose of this section is to encourage:
(1)
The conservation of natural resources to the extent possible;
(2)
Good site design for residential developments;
(3)
The conservation of energy, aesthetic values, and privacy; and
(4)
Good site design and layout for subdivisions that maximizes views, maintains natural resources, and minimizes the number of flag lots and double-frontage lots to the extent possible.
B.
Design guidelines. All new major cluster subdivisions in the AG, CS, NC, E, SE, SR and VC Districts are strongly encouraged to incorporate the following design guidelines. The Planning Director and/or Planning Commission shall consider these guidelines in their review of all new development and redevelopment within these districts. The Planning Director and/or Planning Commission may not approve development applications that have not made a practical and good faith effort to comply with the following design guidelines:
(1)
When site characteristic allows, residential units shall be located adjacent to existing tree lines instead of in open fields;
(2)
Street trees shall be planted at one-hundred to one-hundred-fifty-foot intervals in rural residential subdivisions;
(3)
Stormwater management areas should be incorporated into the landscaping of the site and should have the appearance of a landscape amenity;
(4)
Existing, mature trees shall be conserved to the extent possible on site;
(5)
Community amenities such as community areas, community stables, picnic tables, tot lots, playgrounds, playing fields, tennis courts, walking trails, etc., shall be provided in rural residential neighborhoods that contain more than 30 lots or use noncontiguous development;
(6)
Community amenities proposed by an applicant may be located on separate lots up to five acres in area, provided the lots:
(a)
Are deeded to a homeowners’ association established pursuant to § 11B-101 et seq., Real Property Article, Annotated Code of Maryland; and
(b)
Are properly managed and maintained by the homeowners’ association; and
(c)
Are of adequate size and configuration to fulfill their objective as area of common use and enjoyment of lot owners; and
(d)
Can support improvements such as buffers, amenities or stormwater management facilities; and
(e)
Are permanently restricted to prevent use of the lots and the construction of any structures requiring on-site sewage disposal.
(7)
Flag sewage reserve areas shall not be allowed;
(8)
A limited number of flag lots may be permitted in subdivisions that implement noncontiguous development;
(9)
A flag lot shall be at least 20 feet in lot width to accommodate proper access; and
(10)
In subdivisions with more than 30 lots, grid street patterns should be incorporated and linear street patterns should be avoided.
§ 18:1-175 Road names.
Names may not duplicate or closely approximate existing street names in the County, except for extension of existing streets. A name sign of an approved design shall be erected at each new street intersection as provided in the County Roads Ordinance[1] and at the expense of the developer.
§ 18:1-176 (Reserved) [1]
§ 18:1-177 (Reserved) [1]
§ 18:1-178 Optional preliminary sketch; application.
The purpose of a sketch plan is to provide a method for prompt consideration of matters relating to a subdivision that require consideration by the Planning Commission. Such matters include:
§ 18:1-179 Special application.
B.
Contents of special application.
(1)
The special application shall specifically identify the matters that the owner seeks to have determined and shall include any information that is relevant to a full and complete evaluation of those matters.
(2)
The owner shall at all times have full responsibility for furnishing all relevant information.
C.
Required information for sketch plan.
(1)
A plat shall contain a location map that indicates the location of the subdivision or development in relation to municipal boundaries and traffic facilities.
(2)
The plat shall show the boundaries of the land that is the subject of the application and specify the location and position of the proposed development. A copy of the property deed must be indicated.
(3)
The plat shall show the status of all land adjacent to the property that is the subject of the application.
(5)
The plat shall indicate the base site area and net buildable area, and calculations for arriving at each.
(6)
The plat shall indicate all existing structures, and proposed roads, parking areas, and setbacks, including dimensions. Parking and buffer yards must be shown on the plat and along with all computations as to how numbers were arrived at.
(7)
The plat should include an environmental review with comments by the Department of Natural Resources. Critical areas designation and delineation (IDA, LDA, and RCA) and buffers must be indicated on the plat.
(9)
The sketch plan shall indicate the following site statistics:
D.
Determination by Planning Director.
(1)
If the Planning Director determines on the basis of the application that all information sufficient to evaluate the requested determination has been furnished, the Planning Director shall so inform the owner in writing.
(2)
The Planning Director may require the applicant to submit additional information the Planning Director deems necessary for a full and complete consideration of the requested determination. Until the required information is furnished to the Planning Director, an application is not complete under this section.
E.
Effect. Because of the superficial nature of a preliminary sketch, any comments provided in accordance with this section are advisory only and are not binding upon the Planning Commission or the Department or agency furnishing the comments.
§ 18:1-180 Preliminary subdivision requirements.
A.
"Identify" defined. In this section, "identify" means to give the name, address, and telephone number of the person indicated and, in the case of an engineer, planner, or surveyor, the employer of the identified person.
B.
In general. All plats required by this article shall be in the form and contain the basic information required by the other provisions of this section, except as expressly modified in other provisions of this article with respect to any specific type of plat.
C.
Filing. The applicant shall file with the Planning Director 11 copies of the application and plat(s), two copies of the property deed, and any other applicable information.
D.
Form.
(1)
A plat shall be printed on paper to a scale of one inch equals 100 feet or one inch equals 50 feet. The top of the plat shall be oriented north and the plat shall contain a North arrow. Linear dimensions shall be given in feet and decimals of a foot. Where a line is an arc of a circle, the radius and the length of the arc shall be shown.
(2)
The Planning Director may modify the requirements in Subsection D(1) of this section relating to scale and orientation if, in the Planning Director's opinion, the requirement places an unnecessary burden upon the applicant and the information required to be shown on the plat can be presented with equal clarity by the modified scale or orientation.
E.
Title block; contents.
(1)
The title block shall contain the information required under this subsection.
(2)
The name of the subdivision shall be indicated, if the property is within an existing subdivision, or the proposed name of the subdivision. A proposed name may not duplicate the name of any subdivision plat previously recorded in the County. The developer may provide a temporary subdivision name, which shall be the name by which the property is generally known in the community.
(3)
The map, block, parcel/lot number.
(4)
Land affected by subdivision.
(a)
A plat shall identify the owners of all land to be affected by the subdivision and provide a citation of the instruments by which title to the land was conveyed to the owners.
(b)
If the land is affected by a trust of any kind, such information shall be provided with respect to each trustee and each beneficiary of the trust. The nature and extent of the interest of each shall be indicated, and a copy of all trust instruments shall be attached.
(5)
The title block shall contain the names and addresses of all engineers, planners, surveyors, and other professional persons or offices responsible for subdivision design, design of public improvements, and surveys.
(6)
A revision block for all revisions made to the plat and the date of each revision shall be included.
(7)
For subdivisions in or adjacent to the AG, CS, or NC Districts, a right-to-farm statement shall be included. The statement shall provide that there shall be no basis, under this Chapter 18:1, for recourse against the effects of any normal farming operations conducted in accordance with standard and acceptable best management practices. Normal agricultural effects include, but are not limited to, noise, odor, vibration, fumes, dust, spray drift, or glare.
(8)
A right-to-conduct seafood industry operations statement shall be included on all subdivision plats. The statement shall state that there shall be no basis under this Chapter 18:1 for recourse against the effects of any commercial seafood industry operation permitted by this Chapter 18:1 that is conducted in a manner consistent with generally accepted commercial seafood and fishing industry management practices as defined by § 19-13 of the Code of Public Local Laws of Queen Anne's County.
[Added 7-22-2008 by Ord. No. 08-08]
F.
Preliminary plat; contents. A preliminary plat shall include:
(1)
A location map of the region, drawn at a reasonable scale and indicating the location of the subdivision in relation to municipal boundaries and traffic facilities;
(2)
The name of the owner, use, and zoning of all land adjacent to the property that is the subject of the application;
(3)
The locations, names, and right-of-way widths of existing roads and streets, the proposed layout of roads and lots, the alignment of proposed roads in relation to other existing roads, and the entrances and manner of access to the subdivision; and
(4)
The location of all recorded easements, including rights-of-way, that affect the property and a citation of any recorded easements, restrictions, reservations, or covenants that affect the property and any information concerning transfer of development rights as they related to the proposed subdivision.
G.
Capacity calculations. The plat shall indicate the base site area, total tract, maximum residential density, total resource protection lands, and net buildable area required by this Chapter 18:1.
H.
Land description.
(1)
Except as provided in Subsection H(2) of this section, the land description in a preliminary plat shall include a complete boundary survey, prepared by a registered land surveyor, containing the following information:
(a)
Angles, bearings, azimuths, dimensions, and curve data;
(b)
A description and location of all survey monuments sufficient to reproduce any line or reestablish any monument in the subdivision; and
(c)
Contour lines of two-foot intervals for areas proposed for subdivision. This requirement does not apply to lands subdivided pursuant to the sliding-scale subdivision requirements.
(2)
For minor cluster and planned subdivisions in the CS and AG Districts where five or fewer lots will result from the proposed subdivision, and where 50% or less of the total allowable number of units is proposed on the site, it will not be necessary to submit a complete boundary survey for that portion of the parcel not within the proposed subdivision. However, the following information shall be provided:
(a)
Two vicinity maps, one showing the location of the parcel to the nearest County or state road and the other indicating the location of the proposed lots in relation to the entire parcel; and
(b)
The location of all recorded easements or rights-of-way affecting the parcel and/or proposed subdivision.
I.
Site conditions. A preliminary plat shall include a detailed representation of the following site conditions:
(1)
Proposed public improvements, including roads or other major improvements planned by public authorities for future construction on or near the subdivision, according to information available from the Planning Director or Department of Public Works;
(2)
Historic sites, including historic buildings, designated historic areas, and natural features noted in the historic inventory prepared by the Maryland Historical Trust;
(4)
The location of all existing structures and utilities; and
(5)
Areas within the critical area and within each development area designation (IDA, LDA, or RCA).
J.
Subdivision features. A preliminary plat shall include a detailed representation of the following features of the proposed subdivision:
(1)
The proposed location and width of all alleys, roads, and dedications;
(3)
Areas to be dedicated to public use that are defined and identified by descriptive language, such as "drainage easement," "utility easement," "right-of-way," and "buffer yard easement;"
(4)
The boundary lines and proposed dimensions of all blocks, lots, parcels, open space, and public grounds;
(5)
The location of minimum building setback lines on all lots, together with a notation of the distance between such lines and the road right-of-way lines, and in no case shall the setback lines be less than required by this Chapter 18:1 for the zone in which the subdivision is located;
(6)
The proposed location of public or private water supply and public or private sewage disposal facilities;
(7)
The location of stormwater management facilities;
(8)
The gross area in square feet of each lot, calculated to the nearest 100 square feet; and
(9)
Identification of each block by a system of consecutive numerals or letters and identification of each lot within each block by consecutive numerals within that block, beginning with "1."
K.
Site summary data. A preliminary plat shall include a detailed summary of the site's components, including:
L.
Cover letters. All original and revised development applications shall be accompanied by a cover letter outlining the project, noting any changes to the project and addressing formal staff comments.
§ 18:1-181 Preliminary subdivision engineering plan.
A.
Engineering plan required. All preliminary plats shall be accompanied by an appropriate number of applications, plats and cover letters outlining the project and preliminary engineering plans that contain, with respect to each required improvement and in preliminary form, the information that is required for review and approval under the ordinances referred to in §§ 18:1-172 through 18:1-177 of this Chapter 18:1.
B.
Public utilities. The location of public utility facilities shall be provided on the basis of consultation with the utility.
C.
Other agencies. The Planning Commission, the Planning Director or any other agency providing review may require additional information as may be necessary to provide an adequate basis for proper review of engineering plans.
§ 18:1-182 Administrative review of major subdivision plans.
A.
Preapplication meeting.
(1)
Prior to the submittal of a new development application that requires Planning Commission approval, a preapplication meeting between the Department, the applicant and the applicant's engineer/surveyor is required.
(3)
The preapplication process shall include the following steps:
(a)
The applicant shall provide the Planning Director a map of the property identifying resource protection lands, including buildable lands that contain lands that merit conservation.
(b)
A member of the Planning Department shall conduct a site visit in order to become familiar with the property and to verify the natural features as depicted on the preliminary map.
(c)
Following the site visit by staff, the applicant shall prepare a rough sketch plan that indicates all areas proposed for development and all areas set aside for conservation purposes.
(d)
Following staff comment on the sketch plan, the applicant shall submit a plat to the Planning Department to be distributed to the appropriate reviewing agencies, with all proposed lots arranged for maximum use of the property, conservation of natural resources and maximization of views and good site design.
C.
Time frames. The development review schedule includes the following significant time frames:
(1)
The original submittal date is the first regularly scheduled date when a project with a complete application may be submitted to the Department and included in the development review cycle. A submittal meeting between the Department and the applicant's agent is required.
(2)
Staff Technical Advisory Committee (STAC) review, which is the regularly scheduled date when relevant government agencies meet to review development applications and provide the applicant with formal comments. Each development application requires STAC review at least once. Development applications that involve sketch and subdivision approval require STAC review at each stage of the approval process. Subdivision proposals (preliminary and final) require STAC review once. Revisions to approved subdivision plans will not require additional STAC review. The Planning Director reserves the right to eliminate unnecessary STAC reviews, if appropriate. Formal staff comments will not be made available to the engineers/surveyors or applicants until a STAC meeting is held.
(3)
The twenty-five-day cutoff is the regularly scheduled date that complete development applications may be submitted to the Department for consideration for the next regularly scheduled Planning Commission meeting. A submittal meeting between the Department and the applicant's agent is required.
(4)
The fifteen-day administrative approval is the regularly scheduled date that the Department completes all development application reviews, sets the Planning Commission agenda, and prepares Planning Commission staff reports.
(5)
The Planning Commission meeting is the regularly scheduled date that the Planning Commission meets.
D.
Incomplete application. Incomplete development applications submitted on the original cutoff and/or twenty-five-day cutoff date will not be accepted or moved forward for the formal development review cycle. Should the applicant still desire staff review of the development application, the applicant must sign a letter of understanding indicating the applicant understands the development application is incomplete and will not be processed through the development review cycle. Incomplete development applications will be reviewed as staff time permits.
§ 18:1-183 Agency reports.
A.
Form. Each agency report shall specify the latest revision date shown on the preliminary plat and engineering plans to which the report applies and shall be signed by an authorized representative of the agency.
B.
Contents. Each report shall contain either an affirmative statement that the preliminary plat and engineering plans meet all requirements with which the particular agency is concerned and that the agency has no recommendations or:
(1)
Any recommendations for changes in the preliminary plat and engineering plans;
(2)
Any conditions for approval necessary to bring the preliminary plat and engineering plans into compliance with any applicable law, ordinance or regulation or to eliminate any adverse effects of the proposal on those aspects of the general health, safety and welfare of the community for which such agency has special responsibility; and
(3)
Any revisions that the agency requires with respect to the estimates of cost and completion contained in the preliminary plat and engineering plans.
§ 18:1-184 Preliminary review by Commission.
A.
Transmittal. After approval of a preliminary plat and engineering plans in accordance with § 18:1-183 of this Chapter 18:1, the Planning Director shall prepare and forward to the Planning Commission a written report setting forth the Department's recommendations and those of the Staff Technical Advisory Committee (STAC).
B.
Consideration.
(1)
The Planning Commission shall consider the preliminary plat and engineering plans and the recommendations at its next regular meeting that is at least 10 days after the report of the Planning Director.
(2)
On the basis of preliminary information and any other information presented at the meeting, the Commission shall determine whether it appears that the proposed subdivision meets all requirements of this Chapter 18:1 and that final approval will be given if all provisions of §§ 18:1-186 through 18:1-192 of this Chapter 18:1 are fulfilled in accordance with that information.
(3)
The Commission may approve or disapprove the preliminary plat and engineering plans. The Planning Commission may indicate in its approval any conditions that will be required prior to final approval, but the Commission is not required to do so, and its failure to indicate any condition in connection with preliminary approval may not affect the right to attach such condition to its final approval.
(4)
The Commission's action, including the reasons for any disapproval, shall be recorded in the minutes of the meeting.
C.
Effect of approval.
(1)
Approval of the preliminary plat and engineering plans constitutes tentative approval of the general design of the subdivision and is revocable by the Planning Commission. If not earlier revoked, the approval shall continue for a period of 30 months.
(2)
After the earlier of the time when the tentative approval is revoked or 30 months after the date of the tentative approval by the Planning Commission, all rights arising from or created by the approval shall expire and terminate unless the time is extended by the Planning Commission for good cause shown by the developer.
D.
Notification. The Planning Director shall notify the developer, in writing, of the Planning Commission's action within seven days after the meeting at which the action is taken. If the preliminary plat and engineering plans are disapproved, the notification shall contain the reasons for disapproval.
§ 18:1-185 Final engineering plans; general requirements.
A.
Requirement. Except where development of the subdivision does not involve required improvements, final engineering plans may be submitted by the developer after approval of the preliminary engineering plans. The final engineering plans shall be filed with the Planning Director.
B.
Preparation.
(1)
Final engineering plans shall be prepared by a professional engineer or professional land surveyor.
(2)
All copies of the final engineering plans shall contain:
(3)
Street/storm drain plans. Engineering specifications and review procedure guidelines relating to street and storm drain plans may be obtained at the Department of Public Works.
§ 18:1-186 Final plat approval; submission of final plats.
A.
Filing.
(1)
The applicant shall file with the Planning Director three Mylar and seven paper copies of the final plat(s) and a CAD drawing on computer disk of the approved property lines, if available.
[Amended 1-18-2005 by Ord. No. 04-32]
(2)
The final subdivision plat shall be prepared and sealed by an identified registered land surveyor.
B.
Preparation. The final plat shall represent a record of the subdivision as surveyed in the field and shall be prepared, signed, and sealed by a registered land boundary surveyor who shall be identified on the plat. The final plat shall be permanently drawn on tracing cloth or reproducible Mylar and shall contain the same information as the preliminary plat, except for changes and additions required by the Planning Commission.
C.
Partial plats.
(1)
A developer may request permission to file a final plat covering only a portion of the area included in the preliminary plat. The request shall be in writing, filed with the Planning Director, and contain a statement of all reasons why the request is made.
(2)
The Planning Director and Director of Public Works may accept a partial plat if both determine that such partial plat will not have any negative effect on the continuity of infrastructure, including but not limited to roads, water, sewer, and stormwater.
(3)
The Planning Director's determination is subject to review and approval by the Planning Commission.
D.
Contents. The final plat shall contain all information as required for a preliminary plat. In addition:
(1)
If more than one sheet is used for any plat, each sheet shall be numbered consecutively and shall contain a notation showing the whole number of sheets in the plat and its relation to the other sheets; and
(3)
Stream buffers shall be labeled on the plat and the plat shall bear a note stating: "There shall be no clearing, grading, construction, or disturbance of vegetation within the stream buffer except as approved by the Department of Planning and Zoning.”
[Added 9-7-2004 by Ord. No. 04-08]
E.
Other documents. A final plat may be reviewed but may not be submitted to the Planning Commission for final approval until the developer has filed with the Planning Director:
(1)
Copies of all covenants and restrictions required by this Chapter 18:1, which shall contain a legally sufficient description of the subject property, the name of the subdivision, and a reference to the final plat;
(2)
If the final plat includes public roads, an instrument executed by the owner and in proper form to be recorded among the land records of the County that includes:
(a)
A statement by which the owner dedicates all roads in the subdivision other than roads approved as private roads to public use;
(b)
An offer to convey the roads to the County Commissioners at such time as the County Commissioners by ordinance or resolution agree to accept the roads as part of the County roads system;
(c)
A covenant that the offer is irrevocable and may be released only in the same manner as that provided by law for the abandonment or closing of public roads; and
(d)
An express statement that the County Commissioners and/or the County Roads Board have no responsibility whatsoever for the roads until such time as they are accepted as part of the County roads system by ordinance or resolution.
(3)
If the final plat proposes to discharge treated effluent into, or proposes any construction within, a public waterway or waters otherwise controlled or regulated by any governmental or quasi-governmental agency such as the U.S. Corps of Engineers, the Maryland Division of Water Resources, a drainage district, a sanitary district, or the U.S. Environmental Protection Agency, copies of appropriate permits for the discharge or construction;
(4)
Reports containing an affirmative statement by each agency to whom the subdivision plat has been referred that the subdivision plat meets all requirements with which the particular agency is concerned and that the agency has no recommendations; and
§ 18:1-187 Required certifications.
A.
In general. Every final plat shall contain certificates in substantially the form provided in this section. The certificate of the owner shall be made by the person(s) who have fee simple title to the property and shall be acknowledged and contain a certificate conforming to the Maryland Uniform Acknowledgments Act.
B.
Owner's certificate.
This is to certify that the undersigned is/are the owner(s) of the land described in the annexed plat and that I/we have caused the land to be surveyed and subdivided as indicated thereon for the uses and purposes set forth herein. I/we also certify to the best of my/our knowledge that all recorded and unrecorded easements, restrictions, reservations or covenants have been indicated on the annexed plat. I/we hereby acknowledge and adopt the same as my/our act this ____________________ day of ____________________, 20_____. | |
(Signature of owner) | |
(Typed or printed name of owner) |
C.
Uniform Acknowledgments Act.
STATE OF | |
COUNTY OF | |
ON THIS _______ DAY OF ____________________, 20_____, BEFORE ME, THE UNDERSIGNED OFFICER, PERSONALLY APPEARED_______________ |
KNOWN TO ME (OR SATISFACTORILY PROVEN) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT HE EXECUTED THE SAME FOR THE PURPOSES THEREIN CONTAINED. IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND OFFICIAL SEAL. | |
Notary Public |
D.
Planning Commission certificate.
This is to certify that the annexed plat of subdivision/site plan was approved by the Planning Commission of Queen Anne's County on the ___________________ day of ___________________, 20_____. |
(Signature of Chairman | |
or Secretary of Planning Commission) |
E.
Surveyor's certificate.
This is to certify that the undersigned, Registered Maryland Land Surveyor No. ______, has surveyed and subdivided the property as described and shown on the annexed plat and that such plat is a correct representation of that survey and subdivision. All distances are shown in feet and decimals thereof. All lots meet the requirements of the Queen Anne's County Zoning Ordinance in regard to lot area, width and buildable area. |
I further certify that this subdivision is/is not situated within 500 feet of a surface drain or water course serving a tributary area of 640 acres or more. | |
As witness, my hand and seal this _____ day of ________, 20_____. |
(Signature of surveyor) | |
(Typed or printed name of surveyor) | |
(Address of surveyor) |
F.
County Finance Officer's certificate.
The Finance Officer of Queen Anne's County hereby certifies that there are no delinquent general taxes and no redeemable tax sales against any of the land shown on the annexed plat and that I have received all fees and taxes assessed against such land. | |
As witness, my signature, this _____ day of _____________, 20_____. | |
(Signature of County Finance Officer) |
G.
County Attorney's certificate.
The undersigned County Attorney for Queen Anne's County, hereby certifies that acceptable surety for required improvements shown on the annexed plat has been furnished in accordance with the Queen Anne's County Zoning Ordinance. | |
(Signature of County Attorney or | |
Planning Commission Attorney) | |
(typed or printed name of Attorney) |
H.
Public Works certificate.
This is to verify that the annexed plat of subdivision was approved by the Department of Public Works of Queen Anne's County on the _____ day of __________________, 20_____. | |
(Signature) |
I.
Environmental Health certificate.
This is to verify that the annexed plan of subdivision was approved by the Environmental Health Department of Queen Anne's County on the _____ day of _______________, 20_____. | |
(Signature) |
J.
Planning Department certificate.
This is to certify that the annexed plat of subdivision was approved by the Department of Planning of Queen Anne's County on the ______ day of ________________, 20_____. | |
(Signature of Planning Director) |
K.
Department of Emergency Services - Office of the Fire Marshal certificate.
[Added 10-28-2008 by Ord. No. 08-21]
This is to certify that the annexed plat of subdivision was approved by the Department of Emergency Services - Office of the Fire Marshal on the ______ day of ________________, 20_____. | |
(Signature) |
§ 18:1-188 Administrative review of final plats.
A.
Transmittal. Within three days after receiving final plat copies, the Planning Director shall forward copies to the Directors of the Department of Public Works, the Department of Health, and the County Soil Conservation Service, and to the County Engineer for their review.
B.
Notification. With time frames specified in the development review cycle, the Planning Director shall provide the developer with a written statement containing one of the following statements:
(1)
The final plat is in full compliance with this Chapter 18:1 and all changes or revisions to the preliminary plat required by the Planning Commission;
(2)
The final plat is not in compliance with this Chapter 18:1 and all changes or revisions to the preliminary plat required by the Planning Commission and must be revised and resubmitted; or
(3)
Designated minor changes are necessary to the final plat, but the plat may be scheduled for Planning Commission approval, subject to receipt of such revisions at least 25 days prior to the date of the Planning Commission meeting.
§ 18:1-189 Completion of required improvements.
A.
Requirement of completion. A final plat may not be submitted to or approved by the Planning Commission until:
B.
Guarantee.
(2)
Unless otherwise provided by rules and regulations adopted by the Planning Commission and, in any event, subject to final action by the Planning Commission in accordance with § 18:1-190 of this Chapter 18:1, the Planning Director may accept a guarantee in an amount and for a period determined on the basis of the agency recommendations provided in accordance with § 18:1-185 of this Chapter 18:1 with respect to the estimated cost of completing the required improvement and the time for its completion.
§ 18:1-190 Final consideration by Commission.
A.
Transmittal. The Planning Commission shall consider the matter at a regular meeting that is at least 10 days after the Planning Director has received the final plat and all approvals and other documents required under §§ 18:1-186 through 18:1-189 of this Chapter 18:1. A matter may not be submitted to the Planning Commission for final approval prior to that time.
C.
Amount and duration of guarantee.
(2)
On the basis of those recommendations and other information before it, the Planning Commission shall establish the amount of the guarantee and a reasonable time within which the improvements are to be completed. The guarantee shall conform to all requirements in §§ 18:1-193 through 18:1-203 of this Chapter 18:1.
D.
Approval. If the Planning Commission approves the final plat, the final plat shall be signed by the Chairman or Secretary of the Planning Commission. The signature shall constitute final approval of the subdivision and authorize the plat to be recorded by the Recorder of Deeds. The final plat is not finally approved until it is so executed.
E.
Conditional approval.
(1)
The Planning Commission may condition its approval on the performance of a minor administrative act that involves no exercise of discretion, such as the submission to its Chairman or Secretary of a revised guarantee or covenant containing terms expressly set forth in the condition.
G.
Notification. The Planning Director shall notify the developer in writing of the Planning Commission's action within seven days of the meeting at which such action is taken. If a final plat is disapproved, the notification shall contain the reasons for disapproval.
§ 18:1-191 Extension of time for completing improvements.
If a required improvement is not completed within the time established under this article, the Planning Commission may extend the time for completion for a reasonable period. An extension shall be conditioned upon the filing of appropriate guarantees conforming to the requirements of §§ 18:1-193 through 18:1-203 of this Chapter 18:1. Nothing in this section shall be construed to limit the right of the County Commissioners to enforce the guarantee at any time during the period initially established or during any period of extension.
§ 18:1-192 Recording and distribution of plats generally.
A.
In general. A plat or other representation of a subdivision may not be recorded among the land records of the County until it has been approved and signed in accordance with this article.
B.
Responsibility of developer. The developer has sole responsibility to provide a final plat and all other documents required by this Chapter 18:1 to be recorded among the land records of the County in such form as may be necessary for the recordation and to pay, in addition to any other fees required by this article, all costs of the recording and of obtaining certified copies of the final plan and other documents.
§ 18:1-193 Guarantees; scope.
§ 18:1-194 Effect of requirement of guarantee.
A.
Effect of requirement. If an owner or developer is required under the provisions of this Chapter 18:1 to furnish a guarantee, a zoning approval may not be given under Article XXIV of this Part 7 for any portion of the project to which the guarantee relates until authorized surety is provided in accordance with this article.
[Amended 4-24-2007 by Ord. No. 07-03]
B.
Sectional development. If a development is approved for construction in sections or stages, a guarantee is required with respect to all required improvements necessary to the proper operation and function of the section in question, even though the required improvements may be located outside of that section or stage.
C.
Exception.
(1)
Notwithstanding Subsection A of this section, if preliminary approval has been given to a project under Article XXV or XXVI of this Part 7 and authorized surety has been furnished, the Planning Director may issue a zoning approval necessary to complete a required, related off-site improvement (including streets, sidewalks, sanitary and storm sewers, streetlights, and street trees) that is part of the preliminarily approved project.
§ 18:1-195 Liability of County; benefit guarantee.
A.
Liability of County. Nothing in this article shall be construed to obligate the County Commissioners, the Planning Commission, the Department, or any officer, employee, agent, or attorney of the County with respect to any aspect of a required improvement or its construction.
B.
Benefit guarantee. No person, including a contractor, a subcontractor, or a person who supplies materials with respect to a required improvement, shall have any interest in any guarantee furnished under this article, as third party beneficiary or otherwise.
§ 18:1-196 Rules.
The Planning Commission may adopt general rules and regulations, consistent with this Chapter 18:1, relating to its duties with respect to guarantees.
§ 18:1-197 General requirements.
A.
Form.
(1)
A separate guarantee shall be required with respect to each required improvement.
(2)
A letter of credit or cash deposit shall be used only when authorized by the Planning Commission.
(3)
A bond or letter of credit shall be in one instrument and executed or issued by the same company or financial institution.
B.
County Commissioners. All authorized surety shall be issued in favor of and be enforceable by the County Commissioners of Queen Anne's County.
C.
Conditions of performance guarantee. A performance guarantee shall provide guarantees of:
(1)
Complete performance by the owner or developer of all terms and conditions of this Chapter 18:1 and any conditions imposed by the Planning Commission with respect to the required improvement;
(2)
Payment of labor and materialmen who furnish labor, services, or material with respect to the required improvement; and
(3)
Reimbursement to the County Commissioners, and any officer or employee of the County, with respect to all costs, expenses, damages, injury, or loss to which the County, officer, or employee may be subjected by reason of any wrongdoing, misconduct, want of care or skill, negligence, or default upon the part of the owner or developer or any contractor or subcontractor employed with respect to the required improvement that arises from or in any way relates to the required improvement.
D.
Conditions of maintenance guarantee. A maintenance guarantee shall:
(1)
Provide guarantees for the proper maintenance of the required improvement and for the correction of any defects with respect to materials and workmanship in the required improvement; and
(2)
Include a performance guarantee with respect to any work or other activity done in connection with the maintenance or correction.
E.
Duration. The Planning Commission shall require that a performance guarantee continue for at least the period approved for completion of the required improvement and may require that a maintenance guarantee, in the same or a lesser amount, continue thereafter for a reasonable period that the Commission deems necessary to assure the quality of the workmanship and materials provided for the required improvement and for its proper maintenance.
F.
Approval. An authorized surety shall be subject to approval by the County Attorney or the attorney for the Planning Commission as to form and legal sufficiency.
§ 18:1-198 Surety bonds.
A.
Amount. A surety bond shall be in an amount equal to 125% of the estimated cost of the required improvement as determined by the Planning Commission.
B.
Recordation. A bond must be recorded by the owner or developer, and a copy of the recordation fee receipt must be filed with the Planning Director.
§ 18:1-199 Letters of credit.
A.
Amount. A letter of credit shall be in an amount equal to 110% of the estimated cost of the required improvement as determined by the Planning Commission.
§ 18:1-200 Cash deposits.
A.
Amount. A cash deposit shall be in an amount at least equal to the estimated cost of the required improvement as determined by the Planning Commission.
B.
Agreement.
(1)
The cash deposit shall be subject to the terms of a written agreement, approved by the Planning Commission and signed by the Planning Director and the owner or developer.
(2)
The agreement shall contain:
(a)
The conditions required or authorized for a performance guarantee;
(b)
A specific statement of the several phases of work or construction involved in the required improvement;
(c)
The amount that may be released upon the completion of each phase;
(d)
A release by which the person making the deposit relieves the County Commissioners or any other officer or employee of the County of any responsibility resulting from the insolvency, delinquency, or other defalcation of a financial institution in which a cash deposit is held, if the institution is authorized to accept deposits under the laws of Maryland; and
(e)
Such other terms as the Planning Commission deems appropriate.
C.
Deposit of funds.
(1)
Cash deposited under an agreement shall be deposited with the County.
(2)
The designated County official shall give the person making the deposit an official receipt, stipulating that the cash has been deposited subject to the provisions of this section and the terms of the agreement.
(3)
In the event of any default under the terms of the agreement, any interest earned on the deposit shall be added to the amount of the original guarantee then held by the County and shall be fully available for purposes of satisfying that default.
(4)
If there is not a default, interest earned on the deposit shall be refunded to the owner or developer at the time of final release.
D.
Releases generally.
(1)
Cash deposited with respect to a performance guarantee may not be released, in whole or part, until a release covering the work completed has been filed with the Planning Director and signed by the contractors and persons who furnished materials with respect to the required improvement indicating that they have been paid for the work and materials.
E.
Partial releases.
(1)
After notice from the owner or developer that a phase has been completed, the Planning Director shall inspect the required improvement and, if the Planning Director finds that the terms of the agreement have been fulfilled in a satisfactory manner with respect to that phase, shall certify that fact in writing to the designated County official.
(2)
Upon notification, the designated County official is hereby authorized to refund to the owner or developer the amount that may then be released under the terms of the agreement.
F.
Final release. After certification by the Planning Director that the required improvement has been fully completed in accordance with the terms of the agreement, the Planning Commission or its designee may authorize that the remaining portion of the cash deposit be refunded to the owner or developer or may direct that all or any part of it continue as a maintenance guarantee.
§ 18:1-201 Change in authorized surety.
Whenever authorized surety furnished by an owner or developer (including, in the case of a bond or letter of credit, the company or institution that issued the authorized surety) shall be deemed by the County to be insufficient or unsatisfactory, the owner or developer, within 10 days after notice to that effect, shall furnish and deliver new authorized surety to the County, in the same penalty and on the same conditions and in a form satisfactory to the County. This duty shall continue on the part of the owner or developer whenever and so often as the County shall require new authorized surety. If the owner or developer fails to furnish the authorized surety within 10 days after said notice, further work may not be performed by the owner or developer and inspections or approvals may not be given by the Planning Director until satisfactory bonds have been furnished.
§ 18:1-202 Amendments to authorized sureties.
A.
"Amendment" defined. As used in this section, an amendment includes the filing of new or substitute authorized surety.
B.
In general.
(1)
At any time after an authorized surety is given and prior to the time when the County Commissioners have taken any action to enforce an authorized surety, the Planning Commission may for good cause shown by the owner or developer allow the amendment of an authorized surety in accordance with this section.
(2)
The request for amendment shall be filed, in writing, with the Planning Director.
C.
Reasons. An amendment shall be allowed only when it is shown to the satisfaction of the Planning Commission that:
(1)
Specified circumstances have arisen that were unforeseen at the time when the original authorized surety was accepted;
(2)
The circumstances were beyond the reasonable control of the owner or developer;
(3)
(3) The amendment will not have an adverse effect upon or undue delay on the satisfactory completion of the required improvement or the project to which it relates; and
E.
Effect of section. The right of an owner or developer to request that an authorized surety be amended, or the filing of any such request, may not delay or otherwise affect in any manner the right of the County Commissioners to enforce an authorized surety, including an amended authorized surety, at any time prior to the time when it has been actually amended in accordance with this section.
§ 18:1-203 Covenants; duties of developer or applicant.
The developer, applicant, or other person seeking approval has sole responsibility for the preparing of covenants, obtaining all required signatures, and paying all costs of recordation.
§ 18:1-204 Requirements for covenants.
A.
In general.
(1)
A site plan, subdivision, zoning approval, or other activity that involves the establishment of any covenant required by this Chapter 18:1 or for which standards are imposed by this Chapter 18:1 may not be finally approved until all covenants:
(a)
Are submitted by the developer;
(b)
Are found by the Planning Commission to fulfill all requirements of this article and other provisions of this Chapter 18:1 that require or authorize covenants; and
(c)
Are recorded or delivered to the Planning Director to be recorded among the land records of the County.
(2)
All covenants shall be approved as to form and legal sufficiency by the attorney to the Planning Commission prior to recordation.
(3)
The approvals of the Commission and its attorney shall be in writing and placed on the face of the instrument containing the covenants.
§ 18:1-205 Contents of instruments.
B.
Description of land. The instrument shall describe each subject area by:
D.
Description of restrictions. The instrument shall contain covenants that fully define the manner and rights of use of any land that is made subject to a covenant.
[Amended 9-7-2004 by Ord. No. 04-27]
E.
Nature and scope of covenants. The instrument shall contain express provisions that:
[Amended 9-7-2004 by Ord. No. 04-27]
(1)
Each covenanter has been fully compensated for any restrictions or other covenants that restrict or otherwise affect any land to which a covenant relates;
(2)
All covenants are made by the covenanter for the covenanter and the covenanter’ s heirs, successors, personal representatives, and assigns.
(3)
All covenants are binding upon each covenanter and the covenanter’s heirs, successors, personal representatives, and assigns;
(4)
All covenants run with and bind all land within the subject area;
(5)
All covenants are enforceable by the County Commissioners or any department, agency, or other public body empowered by law or ordinance to enforce the Zoning Laws of Queen Anne’s County;
(6)
A covenant may not be amended or changed in any manner without prior written approval of the Planning Commission or other agency or person duly authorized by the County to approve the change or amendment; and
(7)
Any open space restrictions established by the instrument shall be null and void and of no force and effect following:
(a)
Annexation of the open space by a municipal corporation within Queen Anne’s County; and
(b)
Final approval by the municipal corporation of a subdivision or site plan that would permit uses other than those uses authorized in the instrument; and
(c)
The execution of a release in recordable form by the County Commissioners releasing the land from the force and effect of the instrument. The execution of such release shall be in the sole and exclusive discretion of the County Commissioners.
F.
Additional provisions. An instrument containing covenants may include one or both of the following:
[Amended 9-7-2004 by Ord. No. 04-27]
(1)
As to any person who is a "covenanter" solely by reason of the fact that the person holds a mortgage, deed of trust, or other lien or encumbrance on any part of the subject area, a provision that:
(a)
The covenants are executed by the person solely for the purpose of subordinating the mortgage, deed of trust, or other lien or encumbrance to the lien, operation and effect of the covenants; and
(b)
The covenanter has no personal responsibility, unless the covenanter thereafter becomes a lot owner, as to all or any part of the subject area; and
(2)
Provisions that impose other restrictions upon any part of the subject area or impose other duties upon lot owners, if the additional provisions:
G.
Emergency services provisions. An instrument containing covenants may include provisions for establishing and collecting an assessment to provide a periodic emergency service fee from each dwelling unit or lot in the development payable to the local volunteer fire department providing primary service to the development.
[Added 6-24-2008 by Ord. No. 08-07]
§ 18:1-206 Covenants relating to common areas.
A.
In general.
(2)
Covenants relating to common areas shall insure that the common areas:
(a)
Are used and maintained for the common benefit of all lot owners within the subject area and in such manner that the common areas will remain attractive and useful to lot owners; and
(b)
Will not be injurious to the health, safety, and welfare of residents of surrounding areas or detrimental to property values of land and improvements within the subject or surrounding areas.
B.
Exception. The Planning Commission may authorize that a covenant be imposed for the benefit of two or more, but fewer than all, parcels of land within the subject area:
C.
Required covenants. A covenant that affects common areas shall describe each common area in the same manner as required for the description of a subject area and contain detailed provisions that:
(1)
Ensure that the common area is maintained for the common use of all or specified lot owners;
(2)
Are expressly stated to inure to the benefit of the persons designated to administer the common area, any lot owner who has any right or duty with respect to the common area, and the County;
(3)
Provide that a person, other than the owners from time to time of private lots within the subject area, may not acquire any interest in a common area (other than a common area specifically dedicated to use by the public in general) without prior written approval of the Planning Commission or other agency or person duly authorized by the County Commissioners to give such approval; and
(4)
Provide that all covenants are enforceable by:
(a)
The administrator hereafter mentioned;
(b)
Any lot owner who has a right or duty with respect to the covenant sought to be enforced; or
(c)
The Planning Commission or other agency or person duly authorized by the County Commissioners, except that the authority of the Planning Commission is permissive only and the Planning Commission or other designee of the County has no affirmative duty at any time to enforce any covenant.
D.
Rights and obligations. A covenant that confers any right upon a lot owner or provides for any charge, assessment, or other duty upon land in the subject area or upon a lot owner shall complement the provisions of the required covenants and shall:
(1)
Define the rights that each lot owner has with respect to the subject area, including rights to participate in the selection of an administrator and decisions with respect to the operation and maintenance of the common area;
(2)
Specify the nature and extent to which each lot owner has a duty to contribute to the repair, upkeep, or other maintenance of the common area;
(3)
Prescribe an equitable means for assessment of the costs and expenses of the repair, upkeep, and other maintenance against land (except common areas and lands owned by the County or other governmental agency) and lot owners within the subject area;
(4)
Provide that the amount of any unpaid assessment is to bear interest at a legal rate after the expiration of 30 days from the date of the assessment;
(5)
Provide that the assessment and interest are the personal obligation of the person who then owns the land against which the assessment is made and also constitute a lien upon the property of that lot owner; and
(6)
Provide that an action may be brought to recover any assessment and interest and/or to enforce the lien in any manner authorized by law, including an action brought in accordance with the Maryland Contract Lien Act.
(7)
Provide that any amendment shall be approved by the Planning Director before the amendment is effective and recorded.
E.
Administrative covenants. Administrative covenants shall provide for:
§ 18:1-207 Recording of covenants.
After approval by the Planning Commission, the Planning Director shall:
§ 18:1-208 Enforcement authority; right of entry.
A.
Enforcement authority:Planning Director. The Planning Director is hereby authorized and directed to enforce the provisions of this Chapter 18:1.
B.
Right of entry. The Planning Director, the Deputy Planning Director, the Zoning Administrator, and any employees of the Department designated by the Planning Director, the Deputy Planning Director, or the Zoning Administrator are authorized to enter upon open land in the County for such purposes.
§ 18:1-209 Affidavits.
A.
When authorized. The Planning Commission, the Board, or the Planning Director may at any time request that any information necessary to any determination to be made under any provision of this Chapter 18:1 be submitted under affidavit.
B.
Form. The affidavit shall:
(1)
Be in writing and signed by the owner or other person from whom the affidavit is requested; and
(2)
Contain a written certificate, bearing the signature and official seal of a notary public or other person authorized to administer oaths, that the affiant has personally appeared and stated under the penalties of perjury that the statements contained in the affidavit are true to the best of the affiant's knowledge, information, and belief.
C.
Use. The affidavit shall be considered with all other evidence of the matter to which it relates and be a permanent part of that record.
§ 18:1-210 Civil remedies.
B.
Remedies. Upon the occurrence of an event referred to in Subsection A of this section, the County Commissioners, the Planning Commission, or the Planning Director, in addition to other remedies, may institute any appropriate action or proceeding:
(1)
To prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of a building, structure, sign, or land;
(2)
To restrain, correct, or abate a violation;
(3)
To prevent the occupancy of a building, structure, or land; or
(4)
To prevent any illegal act, conduct, business, or use in or about a building, structure, or land.
§ 18:1-211 Subdivision violations.
A.
Prohibition. Whoever, being the owner or agent of the owner of any land located within a subdivision, 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 a subdivision, before the plat has been approved as provided in this Chapter 18:1 and recorded with the Recorder of Deeds, or does any other act prohibited from time to time by the provisions of Section 5.05 of Article 66B, Annotated Code of Maryland, shall forfeit and pay a civil penalty for each lot or parcel so transferred, sold, or agreed or negotiated to be sold, as provided from time to time in that section of the Code.
B.
Scope of section. The description of the lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of sale or transfer shall not exempt the transaction from the penalties or from the remedies herein provided.
C.
Procedures available. The County may enjoin the 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.
D.
Commentary. This section restates the present provisions of Section 5.05 of Article 66B, Annotated Code of Maryland and is included here solely to illustrate the full range of enforcement procedures. There is no intention either to enlarge or to limit the authority conferred by the statute.
§ 18:1-212 Civil zoning violations.
[Amended 9-7-2004 by Ord. No. 04-33]
A.
Civil penalties.
(1)
A person who commits or assists in the commission of any act enumerated in Subsection C(2) of this section is guilty of a civil zoning violation and subject to an original preset fine, not to exceed $500, as set forth in parentheses in that subsection.
(2)
Each day on which the violation continues constitutes a separate violation.
B.
Additional penalties. A person who does not pay the original preset fine within the time specified in the original citation issued in accordance with § 18:1-213 of this Chapter 18:1, or fails to file a timely notice of intention to stand trial and does not pay the original preset fine within 15 days from the date of formal notice of the violation, shall pay an additional fine equal to twice the amount of the original preset fine.
C.
Enumeration of violations.
(2)
The following acts constitute a civil zoning violation:
(a)
An act for which a building permit is required, that is done without having made application for such permit as required by this Chapter 18:1: ($500);
(b)
An act for which a building permit is required, that is done after such permit has been issued but has expired by the terms of this Chapter 18:1: ($500);
(c)
An act done on a lot with respect to which a building permit has been issued, that violates or exceeds the authority conferred by that permit: ($500);
(d)
An act that involves the use or occupation of any property for which a building permit has been issued, prior to the time when it has been finally inspected and approved by the Planning Director as required by this Chapter 18:1: ($500);
(e)
An act that violates any express covenant or condition of any approval given by the Planning Commission, the Board, or the Planning Director under this Chapter 18:1 or any prior ordinance relating to issuance of building permits, zoning permits, occupancy permits, conditional use approval, site plan and subdivision approval, and all applicable performance standards required in this Chapter 18:1: ($500);
(f)
An act that constitutes a continuance of a nonconforming use or structure after the time when this Chapter 18:1 requires that such use be terminated or discontinued: ($500);
(g)
An act that constitutes the changing, moving, enlarging, expanding, extending, or modifying of any nonconforming use or structure in a manner not authorized by this Chapter 18:1: ($500);
(h)
An act for which a conditional use permit is required, including but not limited to any forestry use requiring a conditional use permit, that is done without having made application for or obtaining such permit as required by this Chapter 18:1: ($500);
(i)
An act for which a zoning certificate is required (including for signs and banners), that is done without having made application for such permit or that violates or exceeds the authority conferred by that permit: ($500); and
§ 18:1-213 Collection of civil penalties.
A.
Manner of collection. The procedure for the issuance of citations, collection of fines, and trial with respect to disputed or unsatisfied citations shall be that prescribed in Section 7.07(c) of Article 66B of the Annotated Code of Maryland.
B.
Duty of local officials.
(1)
The Planning Director, the Deputy Planning Director, the Zoning Administrator, or an employee of the Department of Planning and Zoning designated by the Planning Director, the Deputy Planning Director, or the Zoning Administrator has the authority to issue an original citation and deliver it to a person believed to be committing a civil zoning violation and are hereby declared to be the zoning officials with the duty of enforcing this Chapter 18:1 for that purpose. A copy of each original citation shall be given to the County Commissioners and the County Finance Director.
(2)
The Finance Director is hereby declared to be the zoning official with the duty of enforcing this Chapter 18:1, with respect to:
(a)
Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial;
(b)
Mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and
(c)
Notifying the District Court of any notice of intention to stand trial or any request for adjudication when a fine is not paid after the Finance Director has given formal notice thereof.
C.
Court appearances. The person who issued the initial citation and any other members of the Department so directed by the Planning Director shall appear and testify in any trial held with respect to the citation in the District Court.
D.
County Attorney. The County Attorney is authorized to prosecute any civil zoning violation.
§ 18:1-214 Criminal misdemeanors.
A.
Penalties for violation.
(1)
A person who commits or assists in the commission of any unlawful act referred to in Subsection B of this section is guilty of a misdemeanor and subject to a fine of not less than $200 or more than $1,000 or to imprisonment for not more than 90 days, or to both fine and imprisonment.
(2)
Each day on which the violation continues constitutes a separate offense.
B.
Unlawful acts. The conduct described in any item of this subsection is an unlawful act:
(1)
Making a materially false writing in an application for any zoning approval required by this Part 7;
(2)
With respect to any other application or procedure required or authorized by this Chapter 18:1, making a materially false writing that the person knows or should reasonably believe will form a significant part of the basis for a decision required to be made by a zoning authority under this Chapter 18:1;
(3)
Submitting to a zoning authority, with respect to any determination to be made under this Chapter 18:1, a writing that the person knows or should reasonably believe is a false or incomplete representation of any action taken by any other zoning authority;
(4)
Submitting to a zoning authority, with respect to any determination to be made under this Chapter 18:1, any writing that the person knows or should reasonably believe is a false or incomplete representation of the action or findings of any governmental agency whose review or approval is a prerequisite to any action by a zoning authority under this Chapter 18:1;
(7)
Making any willfully false statement with respect to any guarantee required by this Chapter 18:1 or any release of any such guarantee;
(8)
Willfully providing any false or incorrect information to a zoning authority in connection with a determination of whether any use is a nonconforming use as defined in this Chapter 18:1;
(9)
Willfully allowing any use not authorized or allowed by this Chapter 18:1 to continue for a period of more than 30 days after written notification by the Planning Director that such is a violation of this Chapter 18:1 (for purposes of this item, a "use not authorized or allowed by this Chapter 18:1" includes any use that might also constitute a civil zoning violation, other than a civil zoning violation which has not been adjudicated in the District Court after the issuance of a citation and timely notice of intention to stand trial; a person "allows any use" if that person has the power or authority to prohibit such use);
(10)
Willfully using any property for any purpose or in any manner that could not be authorized by a building permit or by site plan or subdivision approval and has not been authorized by variance in accordance with the provisions of this Chapter 18:1; or
(11)
Willfully misrepresenting to a zoning authority the boundaries of any lot or the location of any existing or proposed structure, or any other physical characteristics of any land or structure that this Chapter 18:1 requires to be represented or disclosed. (Proof of such misrepresentation must include a nonverbal act, such as the submission of a plat or drawing or the exhibition of staking or other physical representation of the location of existing or proposed characteristics.)
§ 18:1-215 Scope of article.
A.
In general. The provisions of this Chapter 18:1 and district boundaries reflected in the Zoning Maps may be changed by amendment in accordance with the provisions of this article.
B.
Application of certain provisions.
(1)
The provisions of §§ 1:18-217C and 18:1-219A of this Chapter 18:1 do not apply to the following:
(a)
Any comprehensive rezoning; and
(b)
Any proposed map amendment recommended by the Planning Commission, if the Planning Commission certifies that:
[1]
The proposed map amendment is an accurate representation of the zoning classification originally recommended by the Planning Commission and submitted to and considered by the County Commissioners;
[2]
On the basis of the best information available to it, the Planning Commission believes that the County Commissioners did not intend to change the recommended classification; and
(2)
Nothing in this subsection shall be construed to preclude a finding by the County Commissioners that any fact contained in the certification required under the preceding sentence is inaccurate, in which event the proposed map amendment to which such finding relates shall be approved only in accordance with all provisions of this article.
§ 18:1-216 Comprehensive amendment.
The County Commissioners expressly recognize that sections of the County are changing from a rural to a residential, commercial, industrial or other character. One of the paramount purposes of the Land Use Plan was to anticipate and manage such growth. However, it is inevitable that no plan can achieve absolute perfection or remain everlastingly valid. Therefore, in addition to any other amendments which may be authorized by this article, the County Commissioners anticipate that the Land Use Plan will require comprehensive amendment at least every five years from the date of its adoption or subsequent comprehensive amendment and that the Zoning Maps must also be comprehensively amended from time to time. It is anticipated that such comprehensive amendments will be made within six months of the adoption of any amendment of the Land Use Plan.
§ 18:1-217 Notice of hearings.
A.
In general. Notice of any public hearing required by this article shall be given in the manner provided in this section.
B.
Advertisement.
(1)
Notice of the time and place of a public hearing, together with a summary of the proposed amendment, shall be published in at least one newspaper of general circulation in the County at least once a week for two successive weeks, with the first such publication of notice appearing at least 14 days prior to the hearing.
(2)
Notice of any hearing by the County Commissioners shall include a summary of the recommendations of the Planning Commission.
C.
Posting. With respect to notices of a proposed map amendment, in addition to the notice required in Subsection B of this section, at least 14 days prior to the date of the hearing, each lot that would receive a new or different classification by reason of a proposed map amendment shall be posted conspicuously with notice of the time, place and purpose of the public hearing and the present and proposed zoning classifications of the lot.
§ 18:1-218 Proposal of amendment.
[Amended 6-12-2007 by Ord. No. 07-15]
A.
B.
Required referral. Any proposed amendment that is not initiated by the Planning Commission shall be referred to the Planning Commission for investigation and recommendation.
C.
Filing requirements for petitions for text amendments and map amendments. Any amendment to this Chapter 18, including the Zoning Maps, that is proposed by a subject property owner, a property owner or a group of property owners acting as a private citizens’ group shall be filed with the Office of the Clerk to the County Commissioners for consideration by the County Commissioners only during the first 10 business days in the month of February of each calendar year. Map amendment and text amendment petitions will not be accepted by the Clerk to the County Commissioners at any other time during the year.
§ 18:1-219 Resolutions and petitions for map amendment.
A.
Plats.
(1)
A resolution or petition that proposes a map amendment shall be accompanied by a plat that is drawn to a scale of one inch equals 50 feet or one inch equals 100 feet and contains:
(a)
The map, block and parcel numbers of the subject lot(s), as shown on current assessment maps of the State Department of Assessments and Taxation;
(b)
The existing boundaries of each lot that would receive a new or different classification by reason of the proposed map amendment;
(c)
The name, location and width of roads adjoining the subject lot(s);
(d)
The names and addresses of adjoining lot owners, as shown by current assessment records;
(e)
The existing zoning classification of the subject lot(s) and each adjoining lot; and
(f)
The proposed zoning classification and its proposed boundaries.
B.
Other lots. If a petition for a map amendment proposes that any lot, other than a lot owned by the petitioner, receive a new or different classification by reason of the proposed map amendment, the petition shall include evidence that the petitioner has notified the owner(s) of such other lot(s), in writing and within 15 days prior to the time when the petition is filed, of an intention to file the petition.
C.
Fee. A petition for a map amendment shall be accompanied by a fee prescribed by the County Commissioners.
§ 18:1-220 Action by Planning Commission.
A.
Consideration. In considering any proposed amendment, the Planning Commission shall cause such investigation to be made as it deems necessary and for this purpose may require any person concerned to submit pertinent data and information.
B.
Hearing. Before making any recommendation with respect to an amendment involving comprehensive rezoning or an amendment of the Subdivision Regulations, the Planning Commission shall hold at least one public hearing.
C.
Report.
(1)
The Commission shall submit its report and recommendation to the County Commissioners within 90 days from the date when it receives the proposal, unless an extension of time is granted by the County Commissioners.
(2)
The recommendations of the Planning Commission shall include discussion of the matters required to be considered by the County Commissioners.
§ 18:1-221 Consideration by County Commissioners.
A.
Hearing.
(1)
After receipt of the recommendations of the Planning Commission, the County Commissioners shall conduct a public hearing with respect to the proposed amendment.
(2)
Representatives of the Department of Planning and Zoning and other public agencies, parties in interest, and citizens shall be given an opportunity to be heard.
(3)
The County Commissioners shall keep a complete record of the hearing and their votes with respect to the proposed amendment.
B.
Consideration.
(1)
The County Commissioners shall evaluate the proposed amendment on the basis of the recommendations of the Planning Commission, the testimony, and other evidence presented at the hearing.
C.
Matters considered. In addition to other matters pertinent to the proposed amendment, the County Commissioners shall give specific consideration to the following matters:
D.
Referral to Planning Commission.
(1)
If the Planning Commission has recommended the adoption of an amendment and the County Commissioners propose to adopt an amendment that changes or departs from those recommendations, the proposal of the County Commissioners shall be referred to the Planning Commission, in writing, for its further recommendations.
(2)
If the recommendations are not received by the County Commissioners within 30 days after the proposal has been transmitted to the Planning Commission, the Commissioners may proceed to take final action without the recommendations.
E.
Form of approval.
(1)
If the County Commissioners propose to adopt an amendment that is substantially different from both the proposed amendment and the recommendations of the Planning Commission as described in the published notice, a new public hearing shall be held.
F.
Effective date. An amendment may not be effective until at least 10 days after the date of the public hearing required for its adoption.
§ 18:1-222 Consideration of map amendments.
A.
General scope. The provisions of this section apply only to map amendments. The findings and considerations required by this section are supplemental to any other requirements of this article.
B.
Required findings. Except in connection with any comprehensive rezoning, the County Commissioners may not approve any map amendment unless it is determined, on the basis of specified facts contained in the record before the County Commissioners, that:
C.
Considerations. In addition to any other findings required or pertinent with respect to the proposed amendment, the County Commissioners shall make specific findings of fact with respect to:
D.
Map change. Promptly after the adoption of a map amendment, the Planning Director shall prepare revised copies of the pertinent Zoning Map(s) for signature by the County Commissioners.
E.
Disapproval. If the County Commissioners deny or refuse to adopt any proposed map amendment after a hearing, a resolution or petition proposing a map amendment with respect to the whole or any part of the land involved in the first proposal may not be accepted for filing until the expiration of 12 months from the date of the decision of the County Commissioners by which the first proposal was denied or refused.
F.
Comprehensive rezoning. The County Commissioners may approve map amendments in connection with comprehensive rezoning of the County without the necessity of a substantial change in the character of the neighborhood of properties to be rezoned or a mistake in the existing characterization, provided that the map amendments are consistent with the goals and purposes of the Comprehensive Plan then in effect.