(A) In planning and developing a subdivision, the subdivider or agent shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in this chapter and with the regulations concerning improvements, as set forth in this chapter, and in every case the procedures outlined in this chapter shall be observed.
(B) Plans submitted under this chapter shall be prepared, signed, and sealed by registered professionals licensed in the State of Maryland by the Department of Labor, Licensing, and Regulation.
(C) Any owner or proprietor of any tract of land located in the territory to which this section may apply, who subdivides the same for the creation of a subdivision to be made in accordance with the regulations set forth herein and in Md. Code Ann., Land Use Article and after having secured the approval thereof by the Planning Commission, shall cause a copy of such plat to be recorded in the office of the Clerk of the Circuit Court of the county.
(D) Platting and recording of a subdivision plat under this chapter shall not be required in the following cases.
(1) Court action. The recordation of a subdivision plat under this chapter for the partition of lands by will and confirmed by a court order, or through other action of a court of competent jurisdiction is not required unless or until development or subdivision of the land is proposed. When development or subdivision is proposed, a subdivision plat meeting all county code requirements that are not inconsistent with the court order shall be submitted in accordance with this chapter. Whether deeded or platted, a lot created by court action shall be counted against the number of lots permitted to be created from an original agricultural tract, and shall be counted when determining the major/minor subdivision status of the original parcel. For the purposes of this section, the term DEVELOPMENT does not include interior building renovations or porch construction on residential structures that existed prior to the partition of land and that do not involve a change of use.
(2) Public taking.
(a) Where a property that was legally recorded in the land records as of August 18, 1976 has been divided by a county or state maintained public road which existed prior to August 18, 1976 or by construction of a new public road by any governmental agency, the property on one side of the road may be created as a separate lot of record; provided, that the bearings and dimensions of the lot being created must be described on a public taking plat which shall be submitted to the Division for approval.
(b) A public taking plat shall contain the following information:
1. "Plat of public taking" in title block;
2. A note stating "This lot is a lot of record because of public taking;"
3. A note to the clerk of the court stating the plat complies with this paragraph signed by the Director;
4. The Planning Commission shall require, by dedication to public use, full right-of-way dedication as prescribed in the subdivision regulations and the highway plan section of the Comprehensive Plan along the frontage of both the lot of public taking and that of the remainder from which the lot of public taking was derived. Improvements to lands dedicated when creating a lot by public taking will not be required unless or until development or subdivision is proposed;
5. A certification and dedication by the owner or owners of the property to the effect that the lot created by public taking as shown on plat is made with the owner's consent and that the owner desires to record the plat.
(c) An agriculturally zoned lot of record created by a public taking plat shall be considered an original agricultural tract as defined in this chapter and in § 1-19-7.300 of the zoning ordinance. Any lots created since August 18, 1976 shall be counted against the number of lots that may be subdivided from an original agricultural tract.
(d) Where a property has been the subject of a previously recorded subdivision plat(s), a lot of record created by public taking may be permitted if:
1. The owner provides the same full road right-of-way dedication that could have been provided with the previously recorded subdivision plat(s); and,
2. The previously recorded subdivision plat(s) did not create a new lot that is situated on both sides of the public road.
(e) When determining whether a proposed subdivision of a lot created by public taking is a major or minor subdivision, all subdivision activity that has occurred since April 6, 1965 on the side of the road where the subdivision is proposed shall be counted.
(f) An unrecorded public taking plat shall become void 3 years after the application date.
(g) When a previously recorded public taking plat must be corrected, the correction plat requirements and procedures shall be followed.
(3) Utility right-of-way. A bona fide division of a tract of land in order that 1 or more of the resulting parcels may be used as part of an electric transmission line of right-of-way or other public utility right-of-way; provided, that if a parcel resulting from such division is ever to be used for any purpose other than an electric transmission line or other public right- of-way, then before a building or grading permit may be issued for such other use, a plat must be filed in accord with this chapter and recorded.
(4) Farm lots. If land zoned agricultural or resource conservation is subdivided in order to transfer land for continuing existing farm activities, including plowing, tillage, cropping, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, and other cultivated products, then the general requirements for subdivision platting shall not be required provided that the following provisions are met:
(a) The proposed farm lot must be at least 25 acres in size and have fee-simple road frontage.
(b) Farm lots shall not be approved if the proposed lots include existing or proposed sewage disposal systems, potable water systems, or residential or commercial structures.
(c) A farm lot shall not be approved unless the majority of the proposed lot is unforested and is suitable for farming.
(d) Farm lots shall comply with the requirements of the forest resource ordinance (Chapter 1-21) prior to lot recordation.
(e) A survey plat must be submitted to the Division to establish the farm lot. The plat shall provide all of the applicable information required for final plats under § 1-16-88, with the following additions:
1. A note shall be placed on the plat stating: the farm lot(s) shown on this plat (is/are) being created for the sole purpose of transfer for use as a farm and not for development; such land to be used for crops, pasture, or other pursuits normally associated with farming. Any future development of this land, including installation of a sewage disposal system, installation of a potable water system, application for a residential or nonresidential building permit, or resubdivision shall require the owner to file an application for subdivision in accordance with this chapter, and the owner shall comply with all other applicable state and county laws and regulations. Approval of farm lots does not guarantee the future approval of a buildable lot.
2. A note to the clerk of the court, stating the plat complies with § 1-16-5 of the subdivision regulations, must be signed by the Director.
(f) Whenever land which is being subdivided for use as a farm includes or abuts streets designated on the County Comprehensive Plan, the division shall require, by dedication to public use, adequate right of way, as described in § 1-16-235 of this chapter.
(g) The platting of the remainder parcel shall comply with § 1-16-8(D).
(h) If development is ever proposed on a recorded farm lot, the farm lot must be replatted as a buildable lot in accordance with this chapter. All subdivision requirements, including road frontage improvements, road adequacy requirements, and driveway location requirements must be met. All other applicable county codes, including the adequate public facilities ordinance and forest resource ordinance must also be complied with.
(i) A farm lot plat application shall be valid for 5 years. If the plat is not recorded within this timeframe, the application will become void.
(1959 Code, § 38A-21) (Ord. 76-1-61, 1-12-1976; Ord. 78-28-126, 1-4-1979; Ord. 80-4-156, § 1, 2-13-1980; Ord. 80-15-167, 6-10-1980; Ord. 81-44-234, 12-22-81; Ord. 83-18-285, 6-14-1983; Ord. 95-15-139, 8-1-1995; Ord. 07-36-476, 12-18-2007; Ord. 10-23-558, 10-19-2010; Ord. 12-25-620, 9-27-2012; Ord. 14-23-678, 11-13-2014)
Statutory reference:
Recording unapproved subdivision plat, see Md. Code Ann., Land Use Article § 5-302 and § 9-1004