(A) Subdivision to separate detached accessory dwelling units.
(1) Detached accessory dwelling units (excluding mobile homes) which were constructed prior to November 28, 2000, and occupied by one or more persons as of that date, and are on properties that have no further subdivision or off conveyance rights, may apply for a subdivision lot to separate the detached accessory dwelling from the lot or parcel shared with the principal dwelling unit.
(2) The proposed subdivision lot shall meet the bulk requirements, parking regulations, and Health Department and MDE regulations.
(3) Before any owner of land divides property containing an accessory dwelling unit existing as of November 28, 2000:
(a) The owner shall file an application to create a subdivision lot with the Bureau;
(b) The Bureau shall approve or disapprove with reasons supporting the decision within a reasonable time from submission of the application.
(B) Application. The application to create an accessory dwelling unit subdivision lot shall contain:
(1) The name of the owner of the property being divided;
(2) A copy of the legal instrument by which the owner acquired the property;
(3) A copy of a document or other proof which confirms that the detached accessory dwelling unit existed prior to November 28, 2000;
(4) A preliminary plan, showing the detached accessory dwelling unit lot and the remainder, in compliance with the off conveyance/accessory dwelling checklist;
(5) A statement specifying which property is intended to be the principal dwelling lot and which property is intended to be the detached accessory dwelling lot;
(6) A certification from a professional engineer or licensed land surveyor certifying that the proposed entrance or entrances to publicly maintained roads meet AASHTO standards;
(7) A deed conveying all property of the owner between the centerline and 30 feet from the centerline of a publicly maintained road to the governmental entity which maintains the road for the full extent of the frontage of the accessory dwelling subdivision lot. The description as provided herein may be by metes and bounds or may be by reference to the publicly maintained road and a parallel line which is 30 feet from the center thereof. The conveyance need not convey any land which is within 15 feet of an existing building; and
(8) An opinion to and for the benefit of the owner from an attorney licensed to practice law in the State of Maryland on a form approved by the Department which delineates the type or status of the access and the legal record, if any, of the access and a statement as to which recorded easements, if any, exist for utilities to serve the property.
(C) Plat requirement. A subdivision plat shall be filed when the creation of a new lot containing the former accessory dwelling lot is part of a recorded subdivision. A subdivision plat shall be filed when the creation of an accessory dwelling lot is in the path of a planned major street or planned public project.
(D) Waiver. The Director of the Department of Public Works, or its successor agency, may waive the requirements of division (B)(6) of this section.
(E) Deed. The deed that conveys the new lot containing the former accessory dwelling unit shall reference that the lot was created through the accessory dwelling subdivision process.
(Ord. 2022-19, passed 10-20-2022)