(A) Lots over 50 acres. The requirements of this chapter shall be temporarily waived if a new lot is proposed with a lot area exceeding 50 acres, provided the lot includes a deed restriction stating that the lot will not be used for 2 or more dwelling units or a principal industrial or commercial use (other than agricultural or forestry uses).
(1) The deed restriction shall provide that if the lot in the future is proposed for 2 or more dwelling units or a principal industrial or commercial use, then the lot shall be required to be approved under this chapter, as amended, and to meet all requirements of such ordinance. The deed restriction shall be enforceable by the county.
(2) A plan shall be submitted showing the proposed lot lines. The plan shall require a signature of the Planning Director and the Garrett County Health Officer or his/her designee, and be recorded in the County Land Records Office.
(3) If a lot of less than 50 acres results from the same subdivision, the lot shall still be required to comply with this chapter.
(B) Merger of lots. The merger of 2 or more existing lots into a single lot shall not be regulated under this chapter, provided that the merger is recorded with a restriction that the pre-existing lots shall not be sold as individual lots.
(C) Lots with no buildings. The requirements of this chapter shall not apply to a lot that is permanently deed restricted to prohibit any new buildings on the lot, except utility buildings of less than 500 square feet of floor area. The deed restriction shall be enforceable by the county. This provision is intended to provide for stormwater detention basins, sewage pumping stations, community wells, protected open space, communications antennae and similar facilities. A plan shall be submitted showing the proposed lot lines and proposed facilities. The plan shall require the signature of the Planning Director and be recorded in the County Land Records Office.
(D) Road and utility improvements. The purchase, dedication or condemnation of right-of-way or easements for improvements to a road or for stormwater or utility improvements shall not by itself cause a need for approval under this chapter.
(E) Boundary settlement. The settlement of a disputed property boundary line between existing lots of record shall not, by itself, require approval under this chapter.
(F) Bounded lots. A bounded lot is an area separated from the remainder of the lot by a public road right-of-way or another lot. Creation of a lot following the boundaries of the bounded lot shall be exempt from the requirements of this chapter if the bounded lot was legally established prior to July 1, 1997. A plan shall be submitted showing the division along the boundaries established prior to July 1, 1997, by the road right-of-way or lot. The plan requires the signature of the Planning Director and the Garrett County Health Officer or his or her designee and shall be recorded in the County Land Records Office.
(Ord. —, passed 6-24-1997; Am. Ord. —, passed 7-13-1999; Am. Res. 2010-5, passed 5-25-2010)