The use of land for residential purposes, whereby the land is to be developed whether by land subdivision, by condominium or by other form of real property ownership (“Development”), and wherein the ownership or use of a lot or dwelling unit in the “development” includes: 1) the right to use, in common with other persons, an area (“common use area”) adjoining any land owned or leased by a government agency for recreation, open space, conservation or related purposes (“public recreation lard”); or 2) the right to use a duly authorized point of access onto or across such “public recreation land”, shall be permitted only in compliance with the following additional requirements:
(A) Each such “development” shall have a “common use area” bounded on 1 side by a right-of-way line or property line coincident with a property line of the subject “public recreation land” (“common property line”). The “common use area” shall also be bounded by a right-of-way line or property line lying generally parallel to, and at least 25 feet distance from the “common property line”. Access to the nearest public or private road in the “development” to the “common-use area” should be by right-of-way or easement not less than 20 feet in width along its entire length and shall be screened by vegetation or other screening materials as approved by the Planning Commission.
(B) In a LR1 or a LR2 zoning district, the length of the “common property line” shall be either:
(1) At least 100 feet if the number of lots or dwelling units in the “development” entitled to use the “common use area” is or will be one. Where the “common use area” is established for the purpose of providing an authorized point of access for a single lot or single unit in a “development”, the “common use area” shall be owned in fee simple absolute by the owner of the single lot or single unit;
(2) At least 200 feet if the total number of lots or dwelling units in the “development” entitled to use the “common use area” is or will be 8 or less; or
(3) At least 300 feet if the total number of dwelling units or lots entitled to use the “common use area” is or will be 20 or less. The length of the “common property line” shall be increased by 15 feet for each dwelling unit or lot more than 20.
(C) In a TR or a TC District, the length of the’ common property line” shall be either:
(1) At least 75 feet if the total number of lots or dwelling units in the “development” entitled to use the “common use area” is or will be 3 or less; or
(2) At least 150 feet if the total number of dwelling units or lots entitled to use the “common use area” is or will be 10 or less. The length of the “common property line” shall be increased by 10 feet for each additional lot or dwelling unit more than the 10.
(D) Evidence of compliance with this section shall be by written certification, which shall be issued by the Zoning Administrator to every applicant who shall submit a plat wherein is shown a proposed “development” that will conform to the requirements of this section; provided, however, that said certification shall not take effect unless and until a copy of the plat shall have been recorded with the Clerk of the Circuit Court among the land records of Garrett County.
(E) The provisions of this section apply only to standards for access to public recreation lands and does not preempt Department of Natural Resources regulations. (NOTE: As of 1996, such regulations were within Code of Maryland Regulations Title 8, Sub-title 8). D.N.R. Regulations govern the use of both the “buffer strip” and surface of Deep Creek Lake.
(Ord. —, passed 5-13-1997; Am. Ord. —, passed 8-8-2000; Am. Ord. —, passed 4-30-2002; Am. Res. 2010-7, passed 5-25-2010)