FAQs

Why were only two members of the Board of County Commissioners (BOCC) and three members of the Planning Commission present at the informational meeting?

The informational meeting on July 9, 2024, was organized to share details about a proposed project with the community. This meeting was not a typical part of the review process and was intended to inform residents about the project's status and to accept questions from citizens.

In accordance with the Maryland Open Meetings Act, a quorum or majority of either board could not be present at an event to discuss public business, or the business of the board or commission outside of an officially advertised meeting. A quorum for the BOCC is three members; a quorum for the Planning Commission is four members.

Who makes decisions on site and subdivision plans?

The Planning Commission, appointed by the Board of County Commissioners (BOCC), is responsible for approving subdivisions and site plans, as authorized by the Annotated Code of Maryland, Land Use Article, Title 2. They ensure development aligns with the county’s Comprehensive Plan and meets Zoning Ordinance regulations.

Department of Planning & Zoning staff is responsible for ensuring that development plans are executed in accordance with the ordinances and regulations as adopted by the BOCC, as applied by the Planning Commission, and subject to variances and special exceptions that may be approved by the Board of Appeals. Staff reviews the plans for conformance and consistency with the Comprehensive Plan, Zoning Ordinance, and town center master plans and zoning ordinances. The BOCC is not involved in the approval process for individual developments.

The development review process includes steps that include review from multiple agencies to ensure that proposed projects comply with local regulations comply with federal, state and local regulations.

The following agencies review all development projects prior to final approval:

Are the current Zoning Ordinance and Comprehensive Plan legal?

Yes. Calvert County, Maryland's current zoning ordinance was adopted in May 2006 by the Board of County Commissioners as Ordinance 35-06 and has been kept current with amendments; the last was done in November 2023. Staff is currently working on zoning recommendations and a draft ordinance that would enable the Zoning Ordinance to better implement the current Comprehensive Plan.

Regarding the Comprehensive Plan, which was adopted in 2019 and amended in 2022, the Maryland Supreme Court ruled in January 2023 that the Calvert County Comprehensive Plan is valid, despite a commissioner’s alleged conflict of interest during its adoption. The court ruled as it had on previous occasions (Opinion, pg. 21); that the judiciary would not engage in determining legislative motive. Therefore, the Comprehensive Plan remains valid and in effect.

Have federal, state and local laws been followed?

The development has undergone thorough reviews by the Technical Evaluation Group (TEG) and the Subdivision Evaluation Group (SEG) to ensure compliance with all applicable laws and regulations. The Planning Commission has also conducted a detailed review to ensure alignment with the county's Comprehensive Plan and other regulatory requirements.

How does the county ensure that new developments do not overwhelm existing public facilities like schools, roads and emergency services?

The county conducts comprehensive Adequate Public Facilities (APF) studies for each new development. APF regulations are designed to ensure that public infrastructure, such as roads, schools and emergency services, are sufficient to meet the needs of new developments. It requires that these facilities are in place, and adequate, or designed as part of the proposed development before new development is approved.

APF studies include traffic impact analysis, school capacity evaluations, emergency services reviews and utility capacity studies. They collect data from development proposals, which includes details like the number of housing units (if it’s a residential development proposal), expected population increases and other relevant factors. Using modeling tools and historical data, agencies can determine whether the existing infrastructure can handle the new development, or if upgrades are necessary. A development that received preliminary approval, but has not received final approval for a period of six years due solely to lack of adequate capacity in public infrastructure, is entitled to final approval, regardless of the adequacy of capacity, provided that all other conditions of final approval are satisfied. This is to comply with the provisions of the Fifth Amendment to the U.S. Constitution that prevents the taking of private property without just compensation.

How are schools determined to be adequate?

All new development plans, except those for elderly housing, must comply with the Adequate Public Facilities (APF) regulation’s provisions for available school capacity.

Every spring and fall, an analysis of school capacity is completed and an updated report is released. The latest APF report for schools provides the capacity of each school. The table below shows the current report for schools that would be impacted by Lusby Villas. The next report is due in November.

When will we get the Village Green?

A village green is specified in the Lusby Town Center Master Plan as a Community Objective and Feature of the Plan to provide opportunities for recreation and community events. The Board of County Commissioners (BOCC) have told the owner’s representatives that the Village Green must be deeded to the County prior to final approval of the project. In accordance with the Lusby Master Plan, the BOCC will then take ownership and be responsible for putting a plan in place to implement the development of the Village Green.

Why at this location and why now?

A landowner has the right to reasonable use of their property. To deny that right is a violation of the Fourth Amendment to the U.S. Constitution, and requires taxpayers to compensate the landowner. What is “reasonable” is defined by applicable federal, State, and local land use laws and regulations.

Allowable land uses are determined by the Calvert County Zoning Ordinance, and, where applicable, the relevant Town Center Zoning Ordinances. The Lusby Town Center Zoning Ordinance prescribes many of the allowable land uses, and regulations and policies applicable to those uses, such as setbacks and density, for the Lusby Town Center.

What environmental reviews have been done?

Forest Conservation

Timeline

• 2004: A forest stand delineation was completed for this parcel noting four stands of various mixed hardwoods and seven specimen trees.
• 2005:6.3 acres of forest retention area (FRA) were recorded on this parcel to satisfy forest conservation requirements for the subdivision of Lusby Center. The FRA encompasses the stream system, nontidal wetlands, associated buffers and adjacent steep slopes.
• February 2021:The applicant was instructed to provide an updated forest stand delineation and nontidal wetland delineation.
• July 2021: An updated forest stand delineation was completed for this parcel noting two stands of various mixed hardwoods and 13 specimen trees. Department of Natural Resources reports no official records of rare, threatened or endangered plant or animal species but the inclusion of Forest Interior Dwelling Species habitat.
• October 2023: A simplified forest stand delineation was completed on property owned by Mr. Gott, where forest retention area will be recorded for the Lusby Villas development as permitted by the Calvert County Zoning Ordinance Section 20-4.
• April 2024: An Administrative Variance was granted for the removal of the 13 specimen trees on this parcel for the Lusby Villas development.
• July 2024: The forest stand delineation for this parcel was approved. All other forest conservation documents are still under review.

Regulatory Requirements
The 6.3 acres of existing FRA for Lusby Center cannot be deducted from the tract area calculations for Lusby Villas. The presence of this FRA limits the amount of space available for development on this parcel. As a result, the applicant is proposing to reduce the amount of existing FRA to allow for the proposed development. This amount of FRA will be recorded on the Gott Property in addition to the FRA required for the Lusby Villas development. As a result, 3.56 acres of existing FRA is to remain on this parcel and still encompasses the stream, nontidal wetlands and their associated buffers.

The Forest Conservation Worksheet calls for a “breakeven point” of 8.13 acres. This is the amount of existing forest that would have to be retained to avoid mitigation.

Because the applicant is proposing to clear more than that breakeven point, 13.11 acres of on-site mitigation is required. Due to the space constraints from the existing Lusby Center FRA, the applicant proposes to record FRA off-site at the Gott Property. Both the Calvert County Zoning Ordinance and the State Forest Conservation Act allow an applicant to provide off-site mitigation when on-site retention is not possible. Off-site mitigation must be completed at a 2-to-1 ratio. Therefore, to satisfy forest conservation for the Lusby Villas project, 26.23 acres of FRA must be recorded on the Gott Property in addition to the 2.74 acres of existing Lusby Center FRA being removed. As a result, 28.97 acres of FRA will be recorded on the Gott Property.

The Gott Property is located on Radio Drive in Prince Frederick in the Hunting Creek sub-watershed. Both Hunting Creek and Mill Creek watersheds drain into the Patuxent River.

Nontidal Wetlands and Waters of the US

Timeline

• 2003: A nontidal wetland delineation was completed for this parcel noting the upper reaches of Cleve Branch and surrounding wetlands in the Mill Creek sub-watershed.
• 2006:A stormwater management easement was conveyed to the county. A pond was constructed to satisfy stormwater management requirements for the construction of Lusby Parkway.
• July 2021: An updated nontidal wetland delineation was completed for this parcel still showing the upper reaches of Cleve Branch and surrounding wetlands. The applicant submitted a request for a Jurisdictional Determination from the Army Corps of Engineers.
• December 2021: The consultant received correspondence from Maryland Department of the Environment that the 25-foot wetland buffer is sufficient for the proposed project.
• January 2023:The U.S. Army Corps of Engineers (USACE) granted the Jurisdictional Determination. This means the USACE agrees with the delineation performed in 2021.

Regulatory Requirements
The Calvert County Zoning Ordinance requires a 50-foot vegetated buffer from the edge of the nontidal wetlands. The state requires only a 25-foot vegetated buffer. Maryland Department of the Environment determined that the 25-foot buffer is sufficient for the proposed development. Because the county buffer is more restrictive, that is the one applied to all parcels containing nontidal wetlands. The 50-foot buffer is encompassed by the 3.56 acres of remaining FRA on this parcel. No impacts to the wetlands or the buffer are proposed.

The Calvert County Zoning Ordinance requires a 50-foot vegetated buffer from the edge of stream banks. The buffer is expanded in the case of steep slopes. This buffer is also encompassed by the 3.56 acres of remaining FRA on this parcel. No impacts to the stream or the buffer are proposed.

Is there a buffer between Chesapeake Ranch Estates (CRE) and the project?

This project is required to provide a landscape buffer along the CRE property line. The project has met or exceeded the landscape buffer requirements.

When is a Traffic Impact Analysis required?

A Traffic Impact Analysis (TIA) form is required for each development process to determine if a traffic study will be required. The TIA form provides an estimated traffic a proposed development could generate based on a national used traffic impact reference manual. The TIA form is reviewed by the county's Department of Public Works (DPW). The threshold to require a full traffic study is when the proposed development generates more than 200 average daily trips or 20 trips either in the morning or evening peak hours (7-9am, 4-6pm respectively). Traffic Studies for county roads are reviewed by DPW. Any project located on a state road is reviewed by Maryland State Highway Administration (SHA). If the study area for the traffic study includes both state and county roads, then both SHA and DPW will review the traffic study.

The traffic study for this project was completed in 2020 with traffic counts completed in the spring of 2019. An updated traffic study has been requested from the developer before DPW can sign off on the Adequate Public Facilities Ordinance (APFO) certification and approve the site plan development.

Under the current APF, which was updated and adopted on Nov. 29, 2022, to be considered “adequate,” the county road(s) and intersection(s) in the study area must maintain Level of Service (LOS) C after full project development except for town centers where LOS C is acceptable. All state roads and intersections must maintain LOS C. However, any valid project submitted before the new APF ordinance was adopted, including Lusby Villas, must meet a LOS D for roads. Level of Service is defined below.

What does Level of Service D look like?