59-C-18.262. Procedure for approval.

   (a)   Any development that must file a preliminary plan of subdivision under Chapter 50 requires approval of a site plan by the Planning Board under Division 59-D-3 , unless excluded under Subsection (b) or (c).

   (b)   A lot or parcel that is occupied by a one-family dwelling and that has not changed in size or shape since January 1, 2014 is excluded from the site plan approval requirement.

   (c)   Any one-family detached residential development that is served by a septic facility is excluded from the site plan approval requirement.

59-C-18.263. Regulations.

   (a)   Land Use.  All permitted and special exception uses allowed in the underlying zones are allowed in the Clarksburg West Environmental Cluster Zone.

   (b)   Development standards.

      (1)   The development standards of the underlying zone apply, except as modified by this overlay zone.

      (2)   Except for County owned land or land under a conservation easement granted to the benefit of the County and development exempted under Section 59-C-18.264 , the total impervious surface area for any development after August 4, 2014 must be a maximum of 6% of the total area under application for development.

      (3)   County owned land or land under a conservation easement granted to the benefit of the County that is not managed as parkland by the Maryland-National Capital Park and Planning Commission may not add any impervious surface.

      (4)   Any number of lots may be of any size, without regard to varying lot size requirements in the underlying zone.

      (5)   When site plan approval is required, the minimum lot area, lot dimensions, building coverage, and building setbacks do not apply. Any such requirements must be determined by the Planning Board during the site plan approval process.

      (6)   All environmental buffer areas or natural resources recommended for protection in the Ten Mile Creek Area Limited Amendment to the Clarksburg Master Plan and Hyattstown Special Study Area must be regulated as environmentally sensitive areas, just as other areas identified environmentally sensitive in law, regulations, or in the Planning Board’s Guidelines for the Environmental Management of Development, as amended.

      (7)   All environmentally sensitive areas must be included in the required open space area.

      (8)   The minimum area devoted to open space must be 80% of the total area under application for development. For the purpose of this overlay zone, open space is defined as rural open space as described and managed under Sections 59-C-9.572 and 59-C-9.74 (h).

59-C-18.264. Exemptions from impervious surface restrictions.

   (a)   Any impervious surface lawfully existing under a building permit or sediment control permit issued before August 4, 2014 that exceeds the applicable impervious surface restriction may continue or be reconstructed with the same or less impervious surface area under the development standards in effect when the building permit or sediment control permit was issued.

   (b)   An impervious surface resulting from an addition to an existing one-family residential dwelling or an accessory structure to a one-family dwelling, not approved as part of a site plan under Section 59-D-3 , is exempt from this overlay zone’s impervious surface restriction.

   (c)   On any lot or parcel with an area less than 2.0 acres as of January 1, 2014, any development is exempt from this overlay zone’s impervious surface restriction.

   (d)   Impervious surface for any publicly funded road or bikeway identified by the Ten Mile Creek Area Limited Amendment to the Clarksburg Master Plan and Hyattstown Special Study Area is exempt from this overlay zone’s impervious surface restriction.

(Legislative History: Ord. No. 17-46, § 1.)

Article 59-D. Zoning Districts-Approval Procedures. Introduction. ** [Note]

   (a)   In certain zones, the developer must submit plans for approval, and development must be consistent with the approved plans. Article 59-C indicates under each zone which, if any, of these plans are required. These plans are of 4 kinds, as follows:

      (1)   Development plan. This is a plan submitted as a part of an application for the reclassification of land into the zone, and the approval of the application includes the approval of the plan. (See division 59-D-1.)

      (2)   Project plan for optional method of development.  This type of plan applies in the 6 “CBD” zones, the RMX zones and the MXTC zone* and the TOMX zones.  It is similar to a development plan, except that it is not a requirement for the approval of a rezoning application but a precondition for the use of the optional method of development.  (See Division 59-D-2.)

   *Editor’s note—The MXTC zone was included in this section as the result of an apparent drafting error in Ordinance No. 15-45.

      (3)   Site plan. In all of the zones requiring either of the above types of plans and also in certain other zones, a site plan, showing more detail, is also required as a precondition for the issuance of building permits. (See division 59-D-3.)

      (4)   Diagrammatic plan. This type of plan applies only in the MXN zone, and must be submitted as part of an application for the reclassification of land into the zone, and the approval of the application includes the approval of the plan. (See division 59-D-4.)

   (b)   Schematic development plan. In certain zones, a schematic development plan may be submitted as a part of the application for reclassification of the land, as provided in section 59-H-2.5, "Contents of Optional Method of Application-Local Map Amendments." Procedures for certification, filing and amendment of schematic development plans approved by the district council are specified in division 59-D-1, below.

The following table is provided for the convenience of the public, citing the appropriate sections of article 59-C and indicating the types of plans required in each zone. In the event of any conflict between this table and the provisions of article 59-C, the latter must govern.

Plan Approvals Required

Zone	Section Number	Development Plan (Division 59-D-1)	Project Plan Optional Method (Division 59-D-2)	Site Plan (Division 59-D-3)	Diagrammatic Plan (Division 59-D-4)
R-200	59-C-1.63			M
R-150				M
R-90				M
R-60				M
R-40				M
R-T 6.0				X
R-T 8.0				X
R-T 10.0				X
R-T 12.5				X
R-T 15.0				X
R-4 plex		X		X
R-30				M
R-20				M
R-10				M
R-H				X
R-MH		X		X
C-T				X
O-M				X
C-O				H
C-P				X
C-2				E
C-3				X
C-4				O
C-6				X
H-M				X
C-Inn		X		X
I-1				H
I-3				X
I-4				O
LSC				X
R&D				X
RS				X
RNC				O
LDRCDZ				X
Standard Method
-    CBD-0.5				M
-    CBD-R1				M
-    CBD-R2				M
-    CBD-1				M
-    CBD-2				M
-    CBD-3				M
-    RE-2/TDR				M
-    RE-2C/TDR				M
-    RE-1/TDR				M
-    R-200/TDR				M
-    R-150/TDR				M
-    R-90/TDR				M
-    R-60/TDR				M
-    RMX-1				M
-    RMX-1/TDR				M
-    RMX-2				M
-    RMX-2/TDR				M
-    RMX-3				M
MXTC	Sec. 59-C-11.3(a)			Optional method projects and certain standard method projects.
TMX-2				X
TOMX 2.0				X
Optional Method
-    RMX-3/TDR				M
-    CBD-0.5			X	X
-    CBD-R1			X	X
-    CBD-R2			X	X
-    CBD-1			X	X
-    CBD-2			X	X
-    CBD-3			X	X
-    RE-2/TDR				X
-    RE-2C/TDR				X
-    RE-1/TDR				X
-    R-200/TDR				X
-    R-150/TDR				X
-    R-90/TDR				X
-    R-60/TDR				X
-    RMX-1			X	X
-    RMX-1/TDR			X	X
-    RMX-2			X	X
-    RMX-2/TDR			X	X
-    RMX-2C			X	X
-    RMX-3			X	X
-    RMX-3/TDR			X	X
-    RMX-3C			X	X
P-D	59-C-7.19	X		X
MXN	59-C-7.79			X	X
MXPD		X		X
Town Sector		X		X
Planned Neighborhood		X		X
P-R-C		X		X
PCC		X		X
TS-R		X		X
TS-M		X		X
M-R-Rec.		X		X
TMX-2			X1	X
TOMX 2.0			X	X

 

      X-   Required.

      M-   Required only if optional regulations for MPDUs are used.

      H-   Required only if over 3 stories or 42 feet in height.

      N-   Required only if development exceeds FAR 0.25.

      O-   Required only for optional method of development.

      E-   Required only in accordance with certain provisions of the C-2 zone.

1   Projects that require subdivision plan approval are required to satisfy § 59-C-14.23(b)(2).

(Legislative History: Ord. No. 10-53, § 19; Ord. No. 11-7, § 1; Ord. No. 11-35, §§ 3, 4; Ord. No. 12-1, §1; Ord. No. 12-36, § 8; Ord. No. 12-44, § 2; Ord. No. 12-69, § 3; Ord. No. 12-79, § 6; Ord. No. 13-33, §2; Ord. No. 13-45, § 2; Ord. No. 13-50, § 3; Ord. No. 13-54, § 2; Ord. No. 13-70, §2; Ord. No. 13-94, §3[2]; Ord. No. 15-45, § 3; Ord. No. 15-56, § 3; Ord. No. 15-58, § 2; Ord. No. 15-86, § 2; Ord. No. 16-29, § 3.)

   Editor's note-Ord. No. 11-7, § 1, designated the opening paragraph of this Introduction as subsection (a), with existing subsections (a)-(c) redesignated (1)-(3). The section also added a new subsection (b) but failed to give subsection designations to the remaining two paragraphs, which have been retained with no subsection designations.  Section 2 amended a nonexistent § 59-D-1.63, "Approval by District Council." The amendment was actually to the final paragraph of this Introduction.  Subsequently, § 1 of Ord. No. 11-22 also amended the final paragraph of this Introduction without, however, taking into account the amendment effected by Ord. No. 11-7, § 2.  The provisions of both ordinances have been combined as they affect this Introduction.

 

Notes

[Note]

**Editor’s note—Ord. No. 15-63, § 7, states: Interim Guidelines.  Notwithstanding Section 59-D-3.9, inserted by this ordinance, until July 1, 2006, the Planning Board may adopt and rely on interim guidelines that are not submitted to the District Council, rather than regulations, to implement any provision of Division 59-D, as amended by this ordinance.  If the District Council has not acted by July 1, 2006, on any regulation submitted by the Planning Board before June 1, 2006, under this provision, any interim guideline which that regulation would replace may continue in effect until the District Council acts on that regulation.

Division 59-D-1. Development Plan. [Note]

 

Notes

[Note]

*Editor’s note—Division 59-D-1 is cited in Boyds Civic Association v. Montgomery County Council, 67 Md.App. 131, 506 A.2d 675 (1986); and in Montgomery County v. Greater Colesville Citizens Association, 70 Md.App. 374, 521 A.2d 770 (1987).  Division 59-D-1 [formerly § 111-17] is quoted and discussed in Maryland- National Capital Park & Planning Commission v. Rossmoor Corporation, 265 Md. 267, 288 A.2d 898 (1972). Division 59-D-1 [formerly §§ 111-25 and 111-26] is cited in Maryland-National Capital Park & Planning Commission v. Rossmoor Corporation, 265 Md. 267, 288 A.2d 898 (1972).  Division 59-D-1 [formerly § 111-25] is cited in Gruver-Cooley Jade Corporation v. Perlis, 252 Md. 684, 251 A.2d 589 (1969).  Division 59-D-1 [formerly §§ 111-17(d)(3) and 111-26(d)(3)] is quoted in Gruver-Cooley Jade Corporation v. Perlis, 252 Md. 684, 251 A.2d 589 (1969).  Division 59-D-1 [formerly § 59-63] is cited in Kanfer v. Montgomery County Council, 35 Md.App. 715, 373 A.2d 5 (1977).

Sec. 59-D-1.1. Zones in which required.

Development in the following zones is permitted only in accordance with a plan approved by the district council at the time the land is classified in one of these zones, as provided by article 59-C, “Zoning Districts; Regulations,” and Section D-1.7.  An application for reclassification to any of these zones may be filed only by a person who has a financial, contractual, or proprietary interest in the land sought to be reclassified, except that, in the case of land or rights-of-way owned or controlled by the State of Maryland, the county, or other political subdivision, government entity or agency, or the Washington Metropolitan Area Transit Authority (“WMATA”), a person may file an application, if the application includes an agency agreement or other written authorization from said government entity, agency, or WMATA authorizing that person to include said public land as part of that specific application.

   P-D-Planned development

   MXPD-Mixed use planned development

   Town sector

   Planned neighborhood

   P-R-C-Planned retirement community

   PCC-Planned cultural center

   R-4plex-Residential, fourplex

   R-MH-Planned mobile home development

   TS-R-Transit station, residential

   TS-M-Transit station, mixed

   Country inn

   Mineral resource recovery

(Legislative History: Ord. No. 10-18, § 2; Ord. No. 10-45, § 3; Ord. No. 11-7, § 2; Ord. No. 11-22, § 1; Ord. No. 11-35, § 4; Ord. No. 12-69, § 3.)

   Editor’s note—Section 59-D-1.1 is quoted in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006).  Section 59-D-1.1 is cited in Pleasant Investments Ltd. Partnership v. Dept. of Assessments & Taxation, 141 Md. App. 481 (2001).

Sec. 59-D-1.2. Development plan general requirements.

   (a)   In order to assist in achieving the flexibility of the design needed for the implementation of the purposes of these zones, the applicant must submit a development plan as a part of the application for reclassification. A site plan that conforms to all non-illustrative elements of the approved development plan must later be approved under Division 59-D- 3 before any building permit is issued.

   (b)   A copy of the development plan must be submitted to the Planning Board; the applicant may be required to submit additional copies for review by other government agencies and the public.

   (c)   The District Council must not grant reclassification to any of these zones until it has received the Panning Board's recommendation on the development plan. The development plan must satisfy the stated purposes of the applicable zone.

   (d)   The fact that a development plan complies with all of the stated general regulations, development standards, or other specific requirements of the zone does not, by itself, create a presumption that the proposed development would be desirable, and is not sufficient to require the approval of the development plan or the granting of the application.

(Legislative History: Ord. No. 10-45, § 3; Ord. No. 11-7, § 2; Ord. No. 12-69, § 3; Ord. No. 15-63, § 2.)

   Editor’s note—Section 59-D-1.2 is quoted in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006).  Section 59-D-1.2 is cited in Pleasant Investments Ltd. Partnership v. Dept. of Assessments & Taxation, 141 Md. App. 481 (2001).