(a) (1) Before exercising the powers granted in § 5.02 of this subtitle, the
planning commission shall recommend regulations to the local
legislative body governing the subdivision of land within the local
jurisdiction, for the health, safety, welfare, and common interest of
the citizens of the local jurisdiction.
(2) The regulations may include provisions to:
(i) Adequately control shore erosion;
(ii) Control sediment and protect from flooding;
(iii) Properly arrange streets in relation to each other and to the master
plan;
(iv) Adequately and conveniently place public school sites and open spaces
for traffic, utilities, access of fire-fighting apparatus, recreation,
and light and air;
(v) Avoid population congestion; and
(vi) Set minimum lot widths and areas.
(b) (1) The regulations may provide for the extent to which the following
actions must be taken as a condition precedent to the approval of a
plat:
(i) The grading and improvement of streets and other ways;
(ii) The provision of soil erosion or sediment control; and
(iii) The installation of water and sewer and other utility mains, piping, or
other facilities.
(2) (i) The regulations or practice of the planning commission may provide for
a tentative approval of a plat before installation.
(ii) Any tentative approval of a plat shall be revocable and may not be
entered on the plat.
(3) (i) Instead of requiring the completion of improvements and utilities
before the final approval of a plat, a planning commission may accept a
bond with surety, an irrevocable letter of credit, or any other form of
security acceptable to and approved by the local jurisdiction, to
secure to the local jurisdiction the actual construction and
installation of the improvements or utilities.
(ii) The bond security shall specify the time for completion and
specifications fixed by or in accordance with the regulations of the
planning commission.
(iii) The local jurisdiction may enforce the bond security by any appropriate
legal or equitable remedy.
(4) (i) Subject to this paragraph, in Charles County the regulations may
provide for the reservation of land for traffic, recreation, or other
public purposes.
(ii) A reservation of land in accordance with this paragraph may not
continue for longer than 3 years without the written approval of all
persons having any legal or equitable interest in the property.
(iii) The regulations shall provide for public notice and an opportunity for
a public hearing before a property may be reserved.
(c) (1) Before any regulation may be submitted to the local legislative body
for adoption, the local legislative body shall hold a public hearing on
the regulation.
(2) The local legislative body shall publish a notice of the public hearing
at least once in a weekly or daily newspaper of general circulation in
the local jurisdiction.
(3) The published notice shall contain:
(i) The text of the regulation or, if the planning commission believes it
would be better, a brief and accurate summary of the nature and
contents of the regulation sufficient to inform an individual of
ordinary intelligence; and
(ii) The time and place of the public hearing.
(4) When a regulation is adopted by the local legislative body, the local
legislative body shall send a certified copy of the regulation to the
clerk of the circuit court in which the local jurisdiction is located
for recording.
(d) (1) Regulations governing the subdivision of land shall require that an
appropriate easement be provided for any burial site located on the
land.
(2) The easement shall be subject to the subdivision plat for entry to and
exit from the burial site by persons related by blood or marriage or
persons in interest, as defined in § 14-121 of the Real Property
Article.
(3) The existing right-of-way need not be extended for any improvements
on the burial site.
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