|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
|
S.B. 247
|
|
|
|
|
|
|
|
|
|
|
|
|
|
"Subdivision Control" subtitle of Article 66B of the Code, under Title 7 of Article 28 of
the Code, or under any subdivision control provisions of a charter county.
(e) (1) A local jurisdiction:
(i) May approve the subdivision of a parcel of land into the number
of lots indicated in this subsection by means of a bona fide intrafamily transfer; and
(ii) May not approve any greater subdivision of the parcel of land or
any portion of the parcel of land.
(2) A parcel that is 7 acres or more and less than 12 acres in size may be
subdivided into 2 lots.
(3) A parcel that is 12 acres or more and less than 60 acres in size may be
subdivided into 3 lots. The lots may be created at different times.
(f) (1) As a condition of approval, a local jurisdiction shall require that:
(i) Any deed for a lot that is created by a bona fide intrafamily
transfer shall contain a covenant stating that the lot is created subject to the
provisions of this section; and
(ii) A lot created by a bona fide intrafamily transfer may not be
conveyed subsequently to any person other than a member of the owner's immediate
family, except under procedures established pursuant to subsection (g) of this section.
(2) This subsection does not prevent the conveyance of the lot to a third
party as security for a mortgage or deed of trust.
(g) If a local jurisdiction includes provisions for bona fide intrafamily transfers
as part of the local jurisdiction's local program, the local jurisdiction shall establish
standards and procedures, subject to the approval of the Commission, by which the
local jurisdiction will permit the subsequent conveyance of lots to persons other than
immediate family members. The standards and procedures shall assure that:
(1) The lot was created as part of a bona fide intrafamily transfer and
not with the intent of subdividing the original parcel of land for purposes of ultimate
commercial sale; and
(2) (i) A change in circumstances has occurred since the original
transfer was made that is not inconsistent with this subtitle and that warrants an
exception; or
(ii) Other circumstances that are consistent with this subtitle and
with the Commission's criteria to maintain land areas necessary to support the
protective uses of agriculture, forestry, open space, and natural habitats in resource
conservation areas warrant an exception.
8-1808.3.
(a) This section applies notwithstanding:
(1) Any other provision of this subtitle; or
|
|
|
|
|
|
|
|
|
|
- 4469 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
