Wicomico County Unincorporated
City Zoning Code
City Zoning Code
PART 5
Development Options
§ 225-51 Cluster developments - general requirements.
A.
Purpose. The purpose of this section is:
(1)
To encourage innovative and creative cluster design of residential developments.
(2)
To encourage more efficient use of land and services in order to reduce construction and maintenance costs, reflect changes in technology in land development and minimize the operating costs of service delivery and utility systems.
(3)
To preserve agriculture lands and enhance the rural atmosphere and visual character in the county.
B.
Types of cluster developments. The types of cluster developments that may be approved are as follows:
(1)
A-1 cluster development.
(2)
Residential cluster development.
C.
Review of proposed cluster development. The subdivider shall submit a plan consistent with the provisions of Chapter 200, entitled "Subdivision of Land," for a cluster development to the Planning Director for review and comment and to the Planning Commission for its review and final action as follows:
(1)
The application for a cluster development shall include a plan, which shows the uses proposed for the entire development.
(2)
The application for a cluster development must be accompanied by a proposed method for addressing sewage treatment. All such systems must first be:
(a)
Reviewed by the Wicomico County Health Department; and
(b)
The type of system actually used on the site shall be as approved by the Health Department.
(3)
In the event that any relief from the terms of this chapter is required to accommodate the special needs of the cluster development, the Planning Commission may by special exception grant such relief.
§ 225-52 A-1 cluster development.
A.
Where applicable. Cluster development may be permitted in the A-1 Agriculture-Rural District, for residential cluster purposes, subject to the standards contained in Subsection F hereof, entitled "Development standards."
B.
Applicability and minimum land area requirements. A proposed A-1 cluster development shall be eligible for consideration under the provisions of this section only if the following requirements are met:
(1)
The applicant shall have legal or equitable title to the property or shall otherwise have a legally documented financial interest in the real property which is the subject of the application.
(2)
The proposed development shall contain the necessary contiguous acres that may be divided by a road or stream wholly located with the A-1 Agriculture-Rural District.
C.
Permitted density. The following rules apply in A-1 cluster development:
(1)
The maximum density permitted shall be as established in the Schedule of Maximum Permitted Residential Densities.
D.
The minimum open space area required in an A-1 cluster development shall be 50% of the gross site area.
E.
Cluster requirements.
(1)
To the greatest extent possible, cluster open space shall include:
(a)
Streams and stream buffers;
(b)
Known habitats of threatened and endangered species;
(c)
The most productive agriculture land;
(d)
Steep slopes;
(e)
Nontidal wetlands and their buffers; and
(f)
Riparian forest buffers (measured 50 feet from streams and watercourses).
(2)
Required open space may be retained by the landowner or sold. Agriculture and/or forestry uses may continue on the open space.
(3)
Cluster open space shall be protected by legal arrangements satisfactory to the County Attorney or its designee to assure maintenance and preservation of open space for its intended purposes.
F.
Development standards.
(1)
The setback requirements shall be as stated in Part 7.
(2)
Vegetated buffer: 50 feet between development areas and any adjacent agriculture use or activity.
(3)
All lots shall front and have access on an interior street system.
§ 225-53 Residential cluster development.
A.
Where applicable. The residential cluster development may be permitted in the R-8, R-15, R-20 and R-30 Residential Districts and TT Town Transition District subject to the standards contained in Subsection B.
B.
Development standards. The following development standards shall apply to residential cluster developments:
(1)
The maximum number of lots or units allowed on the site shall be as established in § 225-75, Schedule of Maximum Permitted Residential Densities.
(2)
The proposed site of the cluster development shall contain a contiguous land area that may be divided by a road or stream.
(3)
Peripheral open space setback areas shall be established for the entire site. Peripheral open space shall be required surrounding a residential cluster development where conditions exist adjacent to the tracts as specified below:
(a)
A peripheral open space area of a minimum width of:
[1]
One hundred feet where the tract abuts any roadway classified by the State Highway Administration as an arterial highway;
[2]
Fifty feet where the tract abuts any other public road and where the tract is adjacent to existing developed land; or
[3]
Thirty-five feet where the tract is adjacent to an existing tract of agricultural land, open space, public parkland or an undeveloped tract.
(b)
Peripheral open space areas may be used for agricultural purposes, including woodlands, with the approval of the Planning Commission. Peripheral open space areas used for agricultural purposes shall:
[1]
Be located 400 feet in width from the boundary of the developed area to the property line of the tract; and
[2]
Provide for appropriate buffering adjacent to the developed area of the property.
(c)
Unless peripheral open space areas abut an arterial highway and the highway contains existing mature trees and vegetation, such areas shall be densely planted with a mixture of indigenous tree species to achieve a year-round visually solid screen, provided no trees are planted so near an intersection as to cause a sight distance problem within five years.
(4)
Once all perimeter setbacks/peripheral open spaces have been provided, individual lot area, width requirements and other bulk regulations shall be approved by the Planning Commission.
(5)
Cluster open space. The open space area required in a residential cluster development shall be a percentage of the gross site area as follows:
(a)
R-8: 15%.
(b)
R-15: 25%.
(c)
R-20 and R-30: 30%.
(d)
TT: 20%.
(6)
Clustering requirements.
(a)
Cluster open space shall be used for social, recreational, and/or natural environment preservation purposes.
[1]
The uses authorized must be appropriate to the character of the cluster open space, including topography, size, and vegetation; as well as to the character of development, including its size and density, the characteristics of the expected population, and the number and type of dwellings to be provided.
[2]
The cluster open space shall be provided in the form of internal open space and peripheral open space as provided in Subsection B(3) above.
(b)
To the greatest extent possible, cluster open space shall include all environmentally sensitive areas, including areas with slopes greater than 25%, one-hundred-year floodplains, wetlands, areas of seasonally high water, and other such environmentally sensitive areas as may be determined by the Planning Commission. To this end, up to 70% of the required cluster open space may include these areas, if the cluster open space includes a hiker/equestrian trail system or other passive recreation area approved by the Planning Commission.
(c)
Internal open spaces shall be landscaped and designed as village commons, town squares, or neighborhood parks.
(d)
Cluster open space, particularly peripheral open space areas, containing existing attractive or unique natural features, such as streams, creeks, ponds, woodlands, specimen trees, and other areas of mature vegetation worthy of preservation may be left unimproved and in a natural state. Existing man-made features, such as farmsteads and historic sites, may be preserved by incorporating them within cluster open space.
(e)
Cluster open space may include permitted agriculture uses.
[1]
Use of agricultural lands to meet open space requirements shall be encouraged when the site contains few significant natural features.
[2]
Where the minimum residential lot size in the development is 40,000 square feet or greater, the required open space may be retained in agricultural use.
[3]
The open space agricultural use may be divided into parcels of 15 acres or more with one dwelling unit located on each parcel.
[4]
Dwellings so located within the required open space will count in calculating the overall density of the cluster subdivision.
(f)
The buildings, structures, and improvements permitted in the cluster open space shall be appropriate to the authorized uses and shall conserve and enhance the amenities of the cluster open space with regard to its topography and unimproved condition.
(g)
Cluster open space shall be protected by legal arrangements satisfactory to the County Attorney or its designee to assure maintenance and preservation of open space for its intended purposes.
§ 225-54 General requirements for planned developments.
A.
Provisions of this article, when found to be in conflict with other provisions of this chapter or Chapter 200, shall control.
B.
Zoning authorization, building permits.
(1)
Compliance with development plan or standards.
(a)
Each individual use that locates in an approved planned development shall be reviewed by the Zoning Administrator to assure conformance with an approved comprehensive development and any standards established for the planned development.
(b)
If the use conforms in all respects to the approved development plan for the site and the planned development, a zoning authorization and building permit may be issued.
(2)
Noncompliance with development plan. No zoning authorization nor building permit shall be issued for a use which does not comply with an approved development plan or standards unless specifically approved by the Planning Commission.
§ 225-55 Planned village conservation development (PVCD).
A.
Purpose. New development in the vicinity of the existing villages should be based on good site planning practices, including the careful consideration of existing land use characteristics, natural features and local architecture in planning and designing new development, structures, circulation systems and landscaping. New development permitted under the terms of the Planned Village Conservation District should result in the following:
(1)
A distinct physical settlement surrounded by a protected greenway used for agricultural, forestry, recreational, and environmental protection purposes.
(2)
Settlements of modest size and scale that accommodate and promote pedestrian travel rather than motor vehicle trips.
(3)
Residentially scaled buildings fronting on, and generally aligned with, streets.
(4)
Traditional village building and site development patterns with an interconnected pattern of streets, alleys, and blocks, providing for a balanced mix of pedestrians and automobiles.
(5)
A functionally diverse, but visually unified, community focused on a central square.
(6)
Neighborhood greens, landscaped streets, and boulevards woven into street and block patterns to provide space for social activity, parks, and visual enjoyment.
(7)
Spaces for buildings for civic or religious assembly or for other common or institutional purposes that act as visual landmarks and symbols of identity.
(8)
Spaces for dwellings, shops, and workplaces in close proximity to each other, the scale of which accommodates and promotes pedestrian travel for trips within the community.
(9)
Preserved open space, scenic vistas, agricultural lands, and natural areas.
(10)
Villages are intended to provide for a range of complementary uses and may contain a village residential area and a village core area. These areas are intended to provide for the diversity necessary for traditional village life, while maximizing the interactions among related uses and minimizing the adverse impacts of different uses upon each other.
(11)
Village residential areas are characterized by a range of housing types, including single-family, and may also include accessory apartment(s). These areas include:
(a)
Permanently protected open spaces, including greens and commons, and may also include greenway areas; and
(b)
Private properties used for agricultural purposes at the edges of the village.
(12)
The village core area is typically located at the center of one or more neighborhoods or may be located so as to function as an extension of an existing village core area.
(a)
The village core may contain a mixture of residential, commercial, institutional or employment uses.
(b)
Permitted commercial uses are primarily intended to meet the retail and service needs of the surrounding community.
B.
Where permitted. A planned village conservation development (PVCD) is permitted in a Village Conservation District (V-C) subject to an approved development plan.
C.
Permitted and special exception uses. Uses allowed in the PVCD shall be the same as that in the Village Conservation District, subject to the same approval process as required in the Table of Permitted Uses contained in § 225-67.
D.
Density. The number of dwelling units permitted shall as provided in the § 225-75, Table of Maximum Permitted Residential Densities. When commercial uses are combined with residential uses, the density calculation for the residential units shall be unaffected by the inclusion of commercial uses.
E.
Minimum land area: The proposed site for a PVCD shall contain a minimum site of five acres.
F.
Bulk regulations.
(1)
The setback, lot size, lot dimensions, lot coverage, height, and yard requirements in the planned village conservation development shall be established for each individual project by the Planning Commission. In establishing these requirements, the Planning Commission shall consider such factors as the proposed intensity of the project and the existing character of the neighborhood.
(2)
When residential and commercial uses are combined on one lot, the minimum lot size shall be determined by considering:
(a)
The land area needed for the commercial structure;
(b)
Off-street parking area, ingress/egress;
(c)
Any on-site infrastructure that is required (such as stormwater management areas); and
(d)
Setbacks and landscaped buffers.
(3)
Setback requirements. The following setback requirements shall generally apply unless modified as provided in Subsection F(1):
(a)
For commercial uses, including residential and commercial uses combined on one lot:
[1]
Front yard: 15 feet from the front property line.
[2]
Side yard: 10 feet.
[3]
Rear yard: 25 feet.
(b)
Where structures exist on properties immediately abutting the lot on which a new structure is proposed, the required front setback requirements of the new structure shall be no less than that of the average of the existing structure(s).
(4)
Maximum height. Structures, including residential uses and structures combining both residential and commercial uses, shall not exceed the lesser of:
(a)
Height: 35 feet; or
(b)
Stories: 2 1/2.
G.
Minimum required open space.
(1)
Open space: 25% of the gross site area.
(2)
A portion of the required open space shall be in a form usable to and accessible by the residents, such as a central green, neighborhood squares or commons, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above.
H.
Evaluation criteria. Planning Commission shall consider the following criteria when reviewing an application for a planned village conservation development project:
(1)
Preservation and maintenance of existing treelines, woodlands (especially those in excess of five acres in area or including mature trees), and fields, and preservation or creation of sufficient buffer areas to minimize conflicts between residential and other uses.
(2)
Preservation of existing vistas, particularly as seen from public roadways, buffering of development within view of public roads with landscaping screens, maintained if existing, or created if none exist, and provision of adequate buffering on the periphery of the property.
(3)
Design of open space areas to recognize natural features and maintain the character of the area.
(4)
Design of roads to provide for appropriate traffic management, subject to the provisions of the Subdivision Regulations.[1]
[1]
Editor's Note: See Ch. 200, Subdivision of Land.
(5)
Preservation of sites of historic, archaeological, or cultural value, and their environs, to safeguard the character of the feature.
(6)
Provision of active recreational areas in suitable locations offering convenient access by residents, and with adequate separation and screening from nearby dwellings.
(7)
Inclusion of a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the open space, and to commercial areas. All roadside paths should connect with off-road paths, which should link with open space.
(8)
Provision of open space that is reasonably contiguous, integrated and not fragmented. The open space should generally abut existing open space land on abutting parcels, and should be designed as part of any existing or proposed larger contiguous and integrated greenway systems.
§ 225-56 Planned Business Centers (PBC).
A.
Purpose. A PBC shall be for the purpose of providing an alternative development scheme for the location and situation of uses permitted in the district and to encourage the clustering of light business uses in accordance with a predetermined subdivision and/or development design to ensure more efficient use of land and to reduce the cost of providing utilities.
B.
Where permitted. A PBC may be permitted in accordance with an approved development plan in the:
(1)
C-1 Select Commercial;
(2)
C-2 General Commercial;
(3)
C-3 Regional Commercial; and
(4)
LB-1 Light Business and Institutional.
C.
Permitted uses. All uses permitted in the LB-1 Light Business and Institutional District shall be permitted in a PBC.
D.
Development standards:
(1)
A PBC shall be located on a minimum site of three contiguous acres.
(2)
If lots are to be sold in a PBC, the minimum lot area shall be 10,000 square feet.
(3)
A PBC shall be developed in accordance with a development plan which shall contain all development standards listed herein including the following:
(a)
A subdivision plat showing all lots in the proposed development, proposed curbs, gutters, sidewalks, shared facilities, landscaping, etc.
(b)
A building envelope, formed by the building setback lines of a lot, within which buildings must be located, as determined by minimum setback requirements contained in this section for PBC.
(c)
Evidence of covenants and restrictions relating to shared facilities and maintenance and responsibility for same.
(4)
Minimum setback requirements for PBC:
(a)
Front yard:
[1]
The greater of:
[a]
Forty feet from the property line; or
[b]
Sixty-five feet from the center line of the roadway.
[2]
Adjacent to a residential district, front setback requirements shall be the greater of:
[a]
Fifty feet from the property line; or
[b]
Seventy-five feet from the center line of the road.
(b)
Rear yard:
[1]
Twenty-five feet from the property line.
[2]
Adjacent to a residential district: 40 feet from the property line.
(c)
Side yard:
[1]
One side yard:
[a]
Ten feet; and
[b]
Abutting a residential district: 20 feet on a side adjacent to a residential district.
[2]
The remaining side yard(s) shall meet the total side yard requirements of the underlying district as required in the Schedule of District Regulations in § 225-74.
(d)
Corner lots: A side yard facing a public street shall be the same as a front yard.
(5)
Parking requirements. Off-street parking and loading and unloading space shall be provided in accordance with the provisions of Part 10.
§ 225-57 Planned Industrial Park (PIP).
A.
Purpose. The purpose of this district is to provide for the establishment of industrial sites for a variety of industries and related activities within an exclusive industrial area cohesively designed. The district permits a broad range of uses in order to secure economic opportunities for present and future residents of the county. Regulations and standards are intended to ensure that industrial uses present an attractive appearance and complement surrounding land use character by means of appropriate siting of buildings and service areas and landscape treatment.
B.
A PIP may be permitted as a special exception with the approval of the Planning Commission on sites with a minimum of 15 contiguous acres.
C.
Where permitted. The Planning Commission may permit a PIP with a development plan in the:
(1)
I-1 Light Industrial; and
(2)
I-2 Heavy Industrial Districts.
D.
Permitted uses. Any uses permitted inherently or by special exception as contained in the I-1 and I-2 as may be enumerated in § 225-67, Table of Permitted Uses, and in Part 8, Special Standards for Particular Uses.
E.
Development standards
(1)
General standards. The site shall be designed so that:
(a)
The location provides access to one or more suitable roads, and clearly demonstrates suitability for intended uses insofar as physical characteristics and relationship to adjacent development are concerned;
(b)
An overall street system shall be provided with adequate widths, grades, drainage and paving to serve the industrial park;
(c)
Overall systems for sewer, water and drainage shall be provided to adequately serve the proposed industrial uses;
(d)
Provisions shall be made in the area for docking facilities if abutting navigable waters and for the extension of rails to those facilities;
(e)
A maximum flexibility can be maintained in providing sites of various sizes, shapes and locations for the industries that may desire to locate here; and
(f)
It will lend itself to an orderly series or stages of development, to ensure that access and utilities can be provided to each site at a minimum of expense and effort.
(2)
The type of industrial activity to be conducted in this area shall be such that no noxious or offensive odors, dust, fumes, smoke or noise shall exist at a point beyond the confined area of that particular plant.
(3)
Outdoor storage. All outdoor material or supply storage areas shall be screened with materials, as required by the Planning Commission.
(4)
Front setback requirement limitations. No outside storage of materials or supply storage yards shall be permitted within the front setback requirement on each site.
F.
Lot area requirement: 25,000 square feet.
G.
Setback requirements.
(1)
All buildings on lots adjacent to other districts or other industrial parks: 100 feet from the abutting property line or road.
(2)
This setback area shall be attractively landscaped and maintained and may include a buffer of trees or shrubs and/or parking, as specified in the approved industrial park development plan.
(3)
All other yard requirements and setbacks for buildings in the interior of an industrial park shall be in accordance with the approved development plan.
H.
Parking requirements. Off-street parking and loading and unloading space shall be provided for all uses in accordance with the requirements of Part 10.
§ 225-58 Transfer of development rights (TDR).
A.
Purpose. The purpose of this article is to encourage the protection of farmland and farming resources by allowing the transfer of development potential from a site in an agricultural area having a resource deserving protection to one in a receiving district. The transfer of development rights will further the community interest by providing long-term protection of land in the A-1 Agriculture-Rural District.
B.
Definitions. As used in this article, the following words shall have the meanings indicated:
DEVELOPMENT RIGHT
The right to erect a dwelling unit on property.
INSTRUMENT OF TRANSFER
An instrument, in the form required by this chapter, by which one or more development rights are transferred.
ORIGINAL INSTRUMENT OF TRANSFER
An instrument of transfer by which development rights are initially transferred from a sending parcel by the original transferor.
ORIGINAL TRANSFEROR
(1)
A transferor who is the owner of the sending parcel from which the rights are transferred; and
(2)
All persons who have any mortgage, deed of trust or other lien or encumbrance on the transferor parcel.
RECEIVING PARCEL
A parcel that is eligible to receive rights from a sending parcel.
SENDING PARCEL
A parcel of land located in a Wicomico County Agricultural Land Preservation District or a Maryland Agricultural Land Preservation District, within Wicomico County, and for which no easement has been sold and from which development rights are transferred.
TRANSFER
A transfer of development rights from a sending parcel to a receiving parcel by an instrument of transfer. Transfer includes a subsequent transfer to or among transferees.
TRANSFEREE
A person to whom development rights are transferred; and all persons who have any lien, security of interest, or other interest with respect to development rights held by a transferee.
TRANSFEROR
A person who transfers development rights; and all persons who have any lien, security of interest, or other interest with respect to development rights held by a transferor.
C.
Sending areas and allocations.
(1)
Sending areas. Sending areas are all those properties located in a Wicomico County Agricultural Land Preservation District or a Maryland Agricultural Land Preservation District within Wicomico County, for which no easement has been sold. Every parcel of land located in a sending area shall have a specific number of transferable development rights based on the allocation standards set forth in this section. These development rights may be used to obtain approval for development on lands located in a receiving area, as identified below in Subsection H(1), at a density greater than would otherwise be allowed on those lands.
(2)
Allocation formula.
(a)
The number of transferable development rights attached to a particular parcel located in a sending area shall be as follows:
[1]
One development right per two acres when transferred to designated growth areas as defined below in Subsection H(1)(a).
[2]
One development right per six acres when transferred to land within an A-1 Agriculture-Rural District, not within a designated growth area, as defined below in Subsection H(1)(b).
(b)
One development right shall be subtracted for each existing dwelling.
(c)
No development rights shall be granted on land which is subject to restrictive development regulations, covenants or indentures which preclude the subdivision and/or development of the land. Examples of such restrictions include, but are not limited to, agriculture land preservation programs (MALPF or county program), critical areas, CREP or rural legacy easements.
(d)
The owner of any parcel located in a sending area may apply to the Planning Director for a certificate verifying the number of transferable development rights which are allocated to that parcel.
(e)
Where application of the allocation formula results in the creation of a fraction of a development right, such fraction (to the nearest tenth) may be sold, conveyed, or transferred to the same extent as a whole development right.
D.
Transfer of development rights.
(1)
Right to transfer. The owner of any parcel of land located in a sending area may transfer the development rights allocated to that parcel to any person at any time, to the same extent and in the same manner as any other interest in real property is transferred. A development right may be used to increase density on a receiving parcel in accordance with the provisions of this article.
(2)
Limitations.
(a)
A development right may not be used in any manner inconsistent with the provisions set forth in this article.
(b)
A development right may not be used to increase density for receiving parcels located within the critical area beyond the density allowed within the parcel's zoning district.
(c)
A development right may not be used to increase density for receiving parcels located within the Paleochannel Overlay District, or the eight-thousand-foot radius area of the Airport Overlay District, beyond the density allowed within the parcel's zoning district.
(3)
Subsequent transfer. A development right may be transferred to a transferee prior to the time when its use for a specific receiving parcel has been finally approved in accordance with this article.
(4)
Instruments of transfer. An instrument of transfer shall conform to the requirements of this article. An instrument of transfer shall contain:
(a)
The names of the transferor and the transferee;
(b)
A covenant that the transferor grants and assigns to the transferee and the transferee's heirs, personal representatives, successors and assigns a specified number of development rights from the sending parcel;
(c)
A covenant by which the transferor acknowledges that he has no further use or right of use with respect to the development rights being transferred;
(d)
A statement of the rights of the transferee prior to final approval of the use of those development rights on a specific receiving parcel, as set forth in Subsection D(4)(f) below, except when development rights are being transferred to Wicomico County in accordance with this article;
(e)
A covenant that at the time when any development rights involved in the transfer are finally approved for use on a specific receiving parcel, such rights shall be transferred to the county for no consideration; or in cases when development rights are being transferred to the county after such approval, a covenant that the rights are being transferred to the county for no consideration.
[Amended 10-17-2006 by Bill No. 2006-11]
(f)
If the instrument is not an instrument of original transfer, a statement shall appear that the transfer is a subsequent transfer of rights derived from a sending parcel described in an original instrument of transfer, which original instrument shall be identified by its date, the names of the original transferor and transferee, and the book and page where it is recorded among the land records of Wicomico County.
(5)
An instrument of transfer, other than an original instrument of transfer, need not contain a metes and bounds description or plat of the sending parcel. An instrument of original transfer, which is required when a development right is initially separated from the subject property, shall also contain:
(a)
A metes and bounds description of the sending parcel, prepared by a licensed surveyor named in the instrument, or a deed or deeds that describe in detail the acreage contained in said property along with a title certificate for the sending parcel. A metes and bounds survey for certification shall only be required to be submitted by the owner when:
[1]
The deed/deeds for the property in the designated sending area requesting to have their development rights certified fail to specifically indicate numerically the number of acres contained in the sending parcel; or
[2]
During the initial title search there is some conflict between said acreage in the deed/deeds and the Tax Assessor's office and the owner wants to claim the larger of the two figures; or
[3]
When deemed necessary within the discretion of the Director of the Department of Planning, Zoning and Community Development.
[Amended 12-18-2012 by Bill No. 2012-13]
(b)
A covenant that the entire sending parcel may not be subdivided, unless the subdivision is for agricultural purposes;
(c)
A covenant by which use of the sending parcel is restricted to, and may be used only for agricultural uses, other than farm dwellings;
(d)
A covenant that all provisions of the instrument of transfer shall run with and bind the sending parcel and may be enforced by the County Executive; and
[Amended 10-17-2006 by Bill No. 2006-11]
(e)
The certificate of the Planning Director required by this section.
E.
Certificate of development rights.
(1)
Requirement. No transfer shall be recognized under this article unless the original instrument of transfer contains a certificate of development rights issued by the Planning Director indicating that the number of development rights represents the number of development rights applicable to the sending parcel and is recorded in the land records of Wicomico County by the Planning Director.
(2)
Responsibility. The transferor and the transferee named in an original instrument of transfer shall have sole responsibility to supply all information required by this article; to provide a proper original instrument of transfer; and, to pay, in addition to any other fees required by this chapter, all costs of its recordation among the land records of Wicomico County.
(3)
Application for certificate. An application for a certificate shall:
(a)
Contain such information, prescribed by the Planning Director, as may be necessary to:
[1]
Determine the number of development rights involved in the proposed transfer; and
[2]
Verify parcel size as a basis for certifying the number of development rights and, at a minimum, requires the information specified in above.
(b)
Be accompanied by such review fee as may be prescribed by the County Council.
[Amended 10-17-2006 by Bill No. 2006-11]
(4)
Issuance of certificate. On the basis of the information submitted, the Planning Director shall affix a certificate of his findings to the original instrument of transfer. The certificate shall contain a specific statement of the number of development rights which are derived from the sending parcel.
(5)
Effect of determination. The determination of the Planning Director shall not be construed to enlarge or otherwise affect in any manner the nature, character and effect of a transfer not otherwise permitted by this chapter.
F.
Effect of transfer.
(1)
After development rights have been transferred by an original instrument of transfer:
(a)
The sending parcel from which development rights are transferred shall not be subdivided and shall be used only for agricultural uses, other than farm dwellings, as defined and permitted in this chapter.
(b)
The sending parcel from which rights are transferred shall not be used in connection with any determination of site area or site capacity of a future development.
(c)
All development rights which are the subject of the transfer, and the value of such rights, shall be deemed for all other purposes, including assessment and taxation, to be appurtenant to the sending parcel, until such rights have been finally approved for use on a specific receiving parcel and transferred to the countyl.
[Amended 10-17-2006 by Bill No. 2006-11]
(2)
Rights of transferees. Between the time of the transfer of a development right by an original transferor and the time when its use on a specific receiving parcel is final in accordance with the provisions of this article, a transferee has only the right to use the development right to the extent authorized by all applicable provisions of this chapter.
(3)
No transfer shall be construed to limit or affect the power of the County Council to amend, supplement, or repeal any or all of the provisions of this section or any other provisions of this chapter at any time or to entitle any transferor or transferee to damages or compensation of any kind as the result of any such amendment, supplementation, or repeal.
G.
Recordation of transfers. After it is properly executed, an instrument of transfer and a title certificate shall be delivered to the Planning Director, who shall deliver it to the Clerk of the Circuit Court for Wicomico County, together with the required fees for recording furnished by the original transferor and transferee. The Planning Director shall immediately notify the original transferor and transferee in writing of such recording.
H.
Receiving area and use of transferable development rights.
(1)
Receiving areas for transferable development rights shall be as follows:
(a)
Those growth areas shown in the Wicomico County Comprehensive Plan on the Land Use Map and designated as "town," "village," and "metro core."
(b)
Another parcel within the A-1 Agriculture-Rural District.
(2)
A transferable development right in the above designated areas shall only be used when the development conforms to standards established for their use in this chapter.
(3)
The owner of any property located in a receiving area may use transferable development rights, in addition to that density allowed on the property as a matter of right, to build up to the maximum density of development allowed on the property. Transferable development rights and any fractions thereof, may be aggregated from different parcels and owners for use in securing additional development in a receiving area.
(4)
Development permitted with use of development rights. Each development right may be used to secure approval from the county for additional development above the number of dwelling units otherwise allowed to be developed on the property at the rate prescribed in Subsection C(2)(a)[1].
(5)
Development of the property within the receiving area must be in accordance with all standards set forth in this chapter, with the exception of standard lot density limitations of the underlying zone, and Chapter 200, § 200-13G, entitled "Set-aside."
(6)
Development permitted with use of transferable development rights within the A-1 Agriculture-Rural District may be of a type and intensity prescribed for Village Conservation (V-C) in the Schedule of District Regulations, § 225-74.
I.
Development approval procedure. The request to use transferable development rights on a property shall be in the form of a sketch plat, preliminary subdivision plat, site plan or other application submitted in accordance with the requirements of this Code. In addition to any other information required by this chapter, the application shall be accompanied by an affidavit of intent to transfer development rights indicating the number of development rights to be transferred to the property.
