(A) Purpose. Three types of subdivision are provided in the AR and RR land classifications. These options are intended to preserve forest and agricultural land resources, allow low density subdivision, and retain land value.
(B) Subdivision with three-acre minimum lot size. Except as provided in divisions (C) and (D) of this section, all subdivision in the AR and RR land classifications shall be subject to the following standards:
(1) Minimum lot size: 3 acres.
(2) Minimum lot width: 200 feet.
(C) Subdivision with one-acre minimum lot size. Subdivision shall be permitted in accordance with the standards applicable to the R land classification, as provided in § 159.028, for subdivisions complying with the following standards:
(1) Subdivision of any lot for the purpose of creating lots that will be transferred to a child or grandchild of the lot owner(s).
(2) Subdivision of any lot of record that had a gross area of 20 acres or less on the effective date of this chapter.
(3) Subdivision of a lot of record having a gross area greater than 20 acres on the effective date of this chapter, provided the Planning Commission grants a waiver to allow the subdivision. The waiver may be granted if the Planning Commission finds that the waiver complies with § 159.006 and that the lot for which subdivision is proposed:
(a) Does not contribute to contiguous areas of farmland or forest; and,
(b) Is primarily surrounded by lots of 20 acres or less. As a guideline, a lot would meet this qualification if it abuts or is directly across a road right-of-way from lots of 20 acres or less along at least 75% of its perimeter.
(D) Cluster subdivision. Cluster subdivision shall be permitted, subject to the following standards.
(1) Maximum density: 1 dwelling unit per 2 gross acres, plus 1 additional dwelling unit on a resource parcel.
(2) Minimum lot size: none. All lots shall comply with lot size requirements of the Health Department.
(3) Minimum lot width:
(a) Lots 3 acres or larger: 200 feet.
(b) Lots at least 1 and less than 3 acres: 100 feet or the minimum lot width determined by the Garrett County Health Department.
(c) Lots less than 1 acre: 80 feet or the minimum lot width determined by the Garrett County Health Department.
(4) Minimum open space for cluster subdivision: 50% of the gross area of the subdivision.
(E) If at least 50% and less than 66% of the gross area of a cluster subdivision is open space, the subdivision shall be subject to § 159.030, single family cluster option.
(1) The Planning Commission shall approve the subdivision if the subdivision design meets the following standards to the extent possible, in addition to other requirements of this chapter:
(a) Protects contiguous areas of natural resources, including farm fields, forests, scenic views, environmentally sensitive areas, and cultural features such as historic sites.
(b) Minimizes disturbance of sensitive environmental areas such as flood plains, steep slopes, wetlands and forests.
(c) Locates subdivision lots and roads to avoid conflicts with farming operations.
(2) The area of open space in excess of 50% of the gross area of the subdivision may be provided by placing a conservation easement on portions of subdivision lots contiguous with the open space. The easement area shall not be used for buildings, patios, pavement or gravel surfaces but may be used for septic systems or wells.
(3) Upon request of the property owner, qualifying open space parcels may be designated as Garrett County Agricultural Preservation districts and receive the tax incentive that agricultural districts enjoy.
(a) Minimum private road right-of-way width: 30 feet.
(b) Minimum private road cartway width: 12 feet for a road serving 1 to 10 lots, or 16 feet with 1-foot shoulders for a road serving 11 to 40 lots.
(c) Road construction standards: a stone surface as specified in § 159.111(G)(3)(a) may be approved for a road serving up to 40 lots.
(d) For roads serving more than 40 lots, the standards of § 159.111(G) shall apply.
(G) If at least 80% of the gross area of a cluster subdivision is open space, the subdivision shall be exempt from the design standards in division (F)(1) of this section.
(Res. 2010-5, passed 5-25-2010)