Title
A Subdivision Bill for the purpose of incorporating Section 9-206 of the Environment Article of the Annotated Code of Maryland and making changes to the subdivision regulations
Background
A preliminary plan of subdivision accepted prior to October 1, 2012, or a legal deed of division accepted into the county land records prior to October 1, 2012 for residential uses on septic, is grandfathered from SB 236. On or after October 1, 2012, SB 236 is applicable with or without any further action by the county to approve the Sustainable Growth Act (SGA) tiers or amend the Subdivision Regulations (Subtitle 24).
In order to establish a clear and transparent process for the residential subdivision of land, and to ensure that the county conforms to the state mandate, staff is recommending amendments to Subtitle 24. This subdivision bill is intended to implement SB 236 and not go beyond the state mandate. SB 236 restricts the number of residential lots that can be created using septic fields in Tier IV; in Tier IV a major subdivision is not permitted. The limitation on the number of residential lots is based on the county’s definition of a minor subdivision. The bill also contains provisions that clarify the difference between a preliminary plan and final plat.
Currently in Prince George’s County, a subdivision of four or fewer lots in a residential zone can utilize a minor subdivision process that does not require public notice or a public hearing. In addition, certain deed divisions of land are exempt from the requirement to file a preliminary plan of subdivision and a final plat. For example, the creation of any number of lots can occur to linear decedents and antecedents through the intra-family transfer process through the use of a deed without a preliminary plan of subdivision or a final plat.
The current exemptions from the preliminary plan of subdivision and plat processes are primarily for residential uses and are used most often in the Rural Tier for ...
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