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The Calvert County Zoning Ordinance governs subdivisions in Calvert County.  A subdivision is defined by the Calvert County Zoning Ordinance as, "(1) The division of land; (2) The land or territory subdivided."  To create legal buildable lots (residential, commercial and industrial) property must go through the subdivision process.  All lots recorded on or after April 2, 1972 must have been approved by the Planning Commission to be buildable.  A buildable lot cannot be created by dividing land by deed.

The acts of combining two residential lots/parcels into one lot/parcel, establishing (or extinguishing) easements, or shifting lines between two existing lots are considered "replattings" and do not involve the subdivision process.  Commercial lot combinations must be approved by the Planning Commission.

There are two types of subdivision:

• MINOR SUBDIVISION - (1) When the total number of residential lots derived from the Parent Tract (as of June 29, 1967) has not exceeded five. (2) Any division of land for development purposes that does not require the creation of any new right-of-way, other than a private lane.  Minor Subdivisions are reviewed and approved administratively by the Secretary to the Planning Commission.

• MAJOR SUBDIVISION - (1) When the total number of residential lots derived from the Parent Tract (as of June 29, 1967) is six or more.  (2) Any division of non-residential land for development purposes and/or the creation of any new public rights-of-way. Major subdivisions must be approved by the Planning Commission.
   

The permitted density (amount of land needed for a house) is based on the zoning of a property.  Zoning maps are available at the Department of Planning and Zoning and online at www.co.cal.md.us.  Once the zoning of the property has been determined, the following may be used to determine maximum conventional density.  (Note:  Density is based on the net acreage, after tidal, non-tidal, zoned, and State wetlands are deducted.)

Farm and Forest District (FFD) (excluding land within the Critical Area).  The zoned density in the FFD District is one lot per 20 acres. (Zoning Ordinance Section 5-1.02.D)  Density may be modified as per Section 5-1.02.D.2, if all exception lots have not previously been utilized.

Rural Community District (RCD) (excluding land within the Critical Area).  The zoned density in the RCD District is one lot per 20 acres (Zoning Ordinance Section 5-1.03.D).  Density may be modified as per Section 5-1.03.D.2, if all exception lots have not previously been utilized.

Residential District (RD).  The zoned density in the RD District is one unit per four acres.  (Zoning Ordinance Section 5-1.04.D). 

Rural Commercial (RC), Marine Commercial (MC), Light Industrial (I-1), and Employment Center (EC) Districts.  New residential lots can only be created for "family conveyance" purposes (see Zoning Ordinance Section 5-1.05).

Town Center (TC) Districts.  Please refer to the individual Town Center Ordinances for density calculations.

Density Modifications.  Density may be modified in the following situations:

• Land in Agricultural Preservation District (APDs) - Lot density varies by size of the APD, and must be approved by the Agricultural Preservation Advisory Board.  Contact Planning & Zoning for more information.

• Land in Resource Conservation Area of the Critical Area Overlay District - Lot density may be reduced based on the location of the Critical Area boundary on the parcel to be subdivided.

• Transferable Development Rights (TDR) Lots - Higher densities can be achieved with the use of TDRs.

• Family Conveyance Lots - Additional lots may be created through family conveyance provided the owner of the parcel to be subdivided owned the property as of November 2, 1999.  Additional conditions also apply.

Note: Use the worksheets at the end of this guide to calculate densities in the FFD, RCD and RD Districts.

Subdivision plats are required by State law to be prepared by a Registered Land Surveyor.  A surveyor will review the parcel size, configuration, environmental constraints, Critical Area Regulations, and the requirements per the Zoning Ordinance and Subdivision Regulations.  The surveyor will be able to prepare a proposed layout that will meet all Federal, State and County requirements.

There are three stages of review for subdivision:

• CONCEPT REVIEW:

Concept meetings are held twice a month at the Department of Planning & Zoning.  This is the first review for subdivisions.  The concept review is an informal meeting between the surveyor and the key review agencies.  A sketch of the proposed layout is presented.  This is a very quick review to determine any serious problems or conflicts of requirements prior to actual submittal.  This review provides guidance to the applicant before the majority of the engineering work is done and an official submittal is made, often saving time and money.  Comments are sent to the surveyor within fifteen (15) days of the concept meeting.  Concept review is not required for lots in the Critical Area or in Agricultural Preservation Districts (APD); however, lots in an APD must be approved by the Agricultural Preservation Advisory Board.

• PRELIMINARY REVIEW:

After concept review, the surveyor prepares a preliminary plan along with the necessary applications, supporting documents and studies.  The preliminary package is submitted to the Department of Planning and Zoning.  There is a review fee of $60.00 per lot.  If the plan and application documentation meet the submittal requirements, it is accepted and distributed to the appropriate review agencies.

The reviewing agencies return comments to the Department of Planning and Zoning, which are then distributed to the applicant and surveyor.  After all comments have been addressed, the conditions applicable to the proposed subdivision are compiled into a preliminary approval letter.

For minor subdivisions, the preliminary approval letter will be sent to the applicant and the surveyor within ninety (90) days of the acceptance date of the preliminary package (not including the time that the applicant or their surveyor places the application on hold to address outstanding comments and prepare required revisions).  For major subdivisions, a staff report is prepared and presented to the Planning Commission at a public meeting.  The Planning Commission is required to take action within three regularly scheduled meetings following acceptance of the subdivision application, which is generally 60 to 90 days (unless the application is voluntarily put on hold to work out technical issues).  Upon approval by the Planning Commission, a preliminary approval letter is sent to the applicant and the surveyor.  Preliminary approval is valid for three years from the date of the preliminary approval letter, or six months after the provision of Adequate Public Facilities, whichever comes first. 

Revisions to preliminary plans after preliminary approval are subject to an additional review and approval.  The fee for a revised preliminary plan is based on the extent of the actual revisions on a per-lot basis.

• FINAL PLAT REVIEW:

Final review is a process involving several check prints circulated among the various review agencies and the applicant's surveyor for corrections.  Several agencies must review to determine if the conditions of preliminary approval, for which they are responsible, have been met.

The following is typical review time for final plats.  Most plats take at least two check prints.  Additional rounds of check prints may be required depending on the completeness of the revisions made by the applicant's surveyor.

If you have any questions concerning this guide or the regulations pertaining to the subdivision of land, please do not hesitate to call the Department of Planning and Zoning at 410-535-1600, ext. 2356.

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