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Planning commission approves three family conveyances for private-road lots with recorded maintenance condition
Summary
On Nov. 13 the commission approved three family-conveyance subdivision plans (Mangum Family Estates, Oak Farm Properties Lot 3, Walter Countess Subdivision) with the uniform condition that agreements ensuring access and road maintenance be recorded prior to plat recordation.
The St. Mary's County Planning Commission on Nov. 13 approved three family-conveyance subdivision plans under the county subdivision ordinance Section 30.11.0.4, moving forward a set of small-lot transfers that will increase the number of lots on private roads while imposing a consistent recording requirement to protect shared access and maintenance.
Staff reported no outstanding technical issues for the Mangum Family Estates (minor subdivision number 07-110000071), Oak Farm Properties Lot 3 (07-110000066) and Walter Countess Subdivision (07-110000088) items following TEC review cycles earlier in 2007. In each case staff described the private roads as adequate in current condition (examples: Lindsay Way described as 20-foot right-of-way with an 18-foot travelway made of gravel and recycled asphalt; Oak Farm Lane described as a 50-foot right-of-way with an 18-foot paved travelway). Staff recommended approval subject to recordation of maintenance/access agreements and required plat notes that will prohibit transfer of the conveyed lot to a third party for at least five years per the ordinance.
Speakers included agents and surveyors (Jerry Nuckabee/Nuckelby) who presented road checks and photographs, and neighbors who asked about notice and potential impacts. One neighbor asked whether there is a maximum number of lots permitted on a private road before a road upgrade to a public road is required; staff replied privately that the ordinance generally limits public/private-road subdivision to five lots unless additional family-conveyance exceptions are applied and that otherwise public-road upgrades would be required for more lots.
Commissioners moved and seconded the recommended motions for each plan. All three motions passed unanimously with the same standard recording condition.
Staff will verify the recorded maintenance agreements and plat notes before county recordation to ensure compliance with the family-conveyance criteria and the five-year resale restriction for conveyed lots as required by the ordinance.
