Chesapeake City City Zoning Code
PART 7
Community Design Standards
§ 120-7.1.1 Basic requirements.
In addition to the special standards and requirements contained in this chapter, the following minimum conditions shall exist prior to approval of any major or minor subdivision, whether such facilities are provided by the developer, a utility, or the Town of Chesapeake City. The Planning Commission may disapprove any subdivision if it finds that any one public utility, facility, or service is not adequately provided in the proposed subdivision, including but not limited to adequate public sewer and water.
A.
The following shall be minimum standards for utilities:
(1)
Every subdivision shall be provided with a proper telephone and electric system.
(2)
Public water.
(a)
Every subdivision shall be provided with a complete public water distribution system adequate to serve the area being developed with pipelines, valves, fire hydrants and other water facilities as required.
(b)
There shall be capacity in the water supply, treatment, and distribution system to serve the subdivision while accounting for the demand created by all existing lots and all approved but as yet unconnected lots.
(3)
Sewer services.
(a)
Every subdivision shall be provided with the sewer disposal system and facilities approved by the Cecil County Health Department, the appropriate state agency, and the Town.
[Amended 5-22-2023 by Ord. No. 2023-003]
(b)
There shall be capacity at the wastewater treatment plant to accommodate the demand of the subdivision while accounting for the demand created by all existing lots and all approved but as yet unconnected lots.
(4)
Easements for new or for the continuations of existing utilities shall be provided for all subdivisions with the width and other characteristics as required by the Town and appropriate jurisdiction.
(5)
Every subdivision shall be provided with the satisfactory drainage and management of stormwater which conforms to the local, county, state and/or federal requirements. Maintenance of stormwater management structures, ponds, or devices located outside of the public right-of-way shall be the responsibility of the property owners or developer of the subdivision or property unless this requirement is specifically waived by the Town.
(6)
The Planning Commission shall review each proposed subdivision to determine whether it is served by proper community access streets, sidewalks and bikeways.
(7)
The Planning Commission shall review each proposed subdivision to determine whether it is served by adequate open space, park, and recreational amenities.
§ 120-7.1.2 Open spaces, parks and recreational requirements.
A.
Minimum recreational area. All residential developments shall provide, at a minimum, recreational areas in an amount equal to 0.005 acre per dwelling unit but not to be less than 5,000 square feet.
B.
Fee in-lieu. The Town Council may require payment of a fee in-lieu, dedication, reservation or a combination upon the Planning Commission's finding that the requirement in Subsection A above cannot adequately meet open space and recreation needs of the development or if the development is fewer than 30 homes or within 1,500 feet from another park or playground. The fee in-lieu shall be on a per-dwelling-unit basis. The fee shall be listed with the annual Schedule of Fees for the Town. Fees will be collected upon application for a building permit. The Town shall deposit fees in a designated account with funds expended only for park and recreation facilities.
C.
Enhance requirements for large developments. For developments with over 50 dwelling units, the Planning Commission may require a combination of improved park and recreational land and playgrounds, at the minimum rate of 0.015 acre per dwelling unit.
D.
Dedication. When park or recreational facilities approved for dedication are completed and accepted, a deed shall be conveyed to the Town of Chesapeake City, after which the supervision and maintenance shall be the responsibility of the Town. When park or recreational facilities are reserved, the developer shall establish conditions as to ownership, maintenance, and use of such areas as deemed necessary by the Planning Commission to assure preservation of their intended purposes.
§ 120-7.2.1 Street classification and typical sections.
A.
Constructed to Town specifications. All streets, curbs, sidewalks, trails, bikeways, streetlights, and street trees shall be constructed and/or installed to the design and construction specifications of the Town of Chesapeake City. The developer shall be required to repair damage to any portion of the Town right-of-way or the area to be dedicated to the Town as a result of grading or construction activities in his or her subdivision.
B.
Street typical sections. In all new subdivisions, streets that are dedicated to the public use shall be classified and designed as provided below in the typical street sections.
(1)
Alley. A street whose function it to provide access to the rear of abutting properties. It is intended to serve fewer than 200 average daily trips.
Alley Typical Section  |
(2)
Residential lane. A street whose function is to provide access to abutting properties. It is intended to serve fewer than 200 average daily trips.
Residential Lane Typical Section  |
(3)
Secondary residential street. A street whose function is to primarily provide access to abutting property but may connect to other residential streets or lanes. It is intended to serve fewer than 400 average daily trips.
 |
(4)
Primary residential street. A street whose function is to provide access to abutting property and circulation through a neighborhood. It is intended to serve between 400 and 1,500 average daily trips.
Primary Residential Typical Section  |
(5)
Boulevard. A street whose principal function is to carry traffic between collector and residential streets and features a broad landscaped median or to function as a collector. It is intended to serve fewer than 4,000 average daily trips.
Boulevard Typical Section  |
(6)
Secondary commercial street. A street whose function is to access abutting commercial uses. It is intended to serve fewer than 2,000 average daily trips.
Secondary Commercial Typical Section  |
(7)
Primary collector street. A street whose principal function is to collect traffic from development areas and local streets and convey it to/from arterial highways. It is intended to carry more than 2,000 average daily trips.
Primary Collector Typical Section  |
(8)
Commercial street. A street whose function is to provide access to abutting commercial properties and to allow parking on both sides of the street. It is intended to serve more than 2,000 average daily trips.
Commercial Street  |
C.
Modifications may be required. Wider widths of right-of-way may be required by the Town to address unusual drainage and traffic situations, to promote the development of aesthetically pleasing streets, to accommodate pedestrian and/or bicycle travel, or to otherwise to implement the Town's Comprehensive Plan. Modifications may be required to provide bioretention practices within the street right-of-way.
D.
Modifications may be approved. Upon request, the Planning Commission may grant minor modifications to the required typical sections upon receiving a favorable recommendation from the Town Engineer and upon establishing written findings that any such change is consistent with the purposes of this chapter. The Planning Commission may place reasonable conditions on any such modification so as to protect public health, safety and welfare.
§ 120-7.2.2 Street layout.
The following provisions shall apply to the layout and arrangement of public streets in developments.
A.
Street arrangement.
(1)
The street system shall be designed to follow existing topography minimizing cut and fill. Streets shall conform as closely as possible to the original topography. The maximum grade of a street shall be 6%; however, in no case may a street be constructed with grade that, in the professional opinion of the Town Engineer, creates a danger to public safety.
(2)
The arrangement of streets shall conform to the Comprehensive Plan or Official Map of the Town of Chesapeake City. For streets not shown, the subdivision should provide for the extension of existing streets.
(3)
Whenever a tract to be subdivided adjoins or encompasses any part of a street, road, trail or other public way, so designated in the Comprehensive Plan, such part of that public way shall be platted and dedicated to the Town.
(4)
Residential lanes and secondary streets shall be arranged to discourage through traffic.
(5)
Residential lanes and streets shall be arranged so as to manage the speed and volume of traffic in residential neighborhoods using traffic calming methods that encourage speeds of 25 miles per hour or less. They include chokers, curb extensions, and lane reducers; islands and medians; traffic circles and roundabouts; texture crosswalks; and curving alignments, short blocks, full and partial closures, diverters, and required turns.
(6)
When a major subdivision plat includes only part of the tract owned by the developer or owner of the tract under review, the layout of the proposed streets if applicable for the entire tract shall be submitted for Planning Commission approval concurrent with subdivision plat review.
B.
Block dimensions.
(1)
No residential lane or secondary or primary residential street shall exceed 500 feet without intersecting another street or lane except as provided below.
(2)
The intersections of residential streets and lanes with collector streets, as designated in the Comprehensive Plan, shall occur at safe and convenient locations, preferably at T-intersections, but generally should be spaced at least 1,320 feet apart.
(3)
No residential block shall be less than 200 feet in length.
C.
Street intersections.
(1)
Streets should intersect as nearly as possible at right angles but variations on this are permitted where turning movements are to be restricted as part of a planned street system. No more than two streets should intersect at any one point unless the Town Engineer certifies that such an intersection can be constructed with no extraordinary danger to public safety.
(2)
Wherever possible, proposed intersections along one side of a street shall coincide with existing and proposed intersections on the opposite side of such street. In any event, where a center offset (jog) occurs at an intersection, the distance between center lines of the intersection streets shall not be less than 300 feet except where the intersecting streets and the intersected street are secondary residential streets or residential lanes; in such case the distance between center lines of the intersection streets shall not be less than 200 feet.
(3)
Except when no other alternative is practicable or legally possible, no two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from center line to center line of the intersecting street. When the intersected street is an arterial, the distance between intersecting streets shall be at least 1,320 feet or otherwise in conformance with the Maryland State Highway Administration criteria. Any site plan or subdivision with proposed access to a state highway must obtain State Highway Administration access permit approval prior to receiving final approval from the Planning Commission.
(4)
The maximum grade through an intersection shall be 5%.
D.
Circulation.
(1)
The street system shall be designed to permit the safe and orderly movement of traffic, to favor accessibility and mobility of pedestrians over that of motor vehicles, to meet the needs of present and future population served, to respect natural features, prominent views and topography, and to have a logical pattern built largely on a rectilinear grid.
(2)
Residential streets shall be designed to discourage through traffic except where the residential street may be classified as a collector street.
(3)
The street system of a subdivision shall be coordinated and connected with existing, proposed and anticipated streets outside the subdivision or outside the portion of a single tract that is being divided into lots as provided in this section.
(4)
Pedestrian accessibility.
(a)
Except for lots on streets existing prior to June 1, 2010, every new residential lot created shall be within 600 feet walking distance from a recreational open space.
(b)
Except for lots on streets existing prior to June 1, 2010, every new lot shall front onto a sidewalk which shall be a minimum of five feet in width and constructed to the construction specifications of the Town. In new subdivisions, sidewalks shall be installed concurrent with street installation.
(c)
In the Village Commercial District, sidewalks in mixed-use or commercial areas shall be a minimum of 10 feet in width.
(d)
To the extent practical, any new sidewalk network shall directly connect to the sidewalk network existing and planned at the time the final subdivision plat is submitted for approval.
(e)
Whenever the Planning Commission finds a means of pedestrian access is necessary from a subdivision or from any unsubdivided residential development to schools, parks, playgrounds, other streets or pedestrian facilities, or any other center of activity and that such access in not conveniently provided by sidewalks adjacent to the streets, it may require the developer to provide additional sidewalks and/or trails and secure and improve unobstructed easements for pedestrian travel of a minimum of 10 feet in width.
(f)
In all unsubdivided developments, sidewalks shall be provided linking together all dwelling units, offices, stores and other activity centers as applicable, including parking lots and recreational areas and facilities.
(5)
Bikeways shall be provided along all collector streets designated in the Comprehensive Plan at time of development. The location and alignment shall be determined upon subdivision concept plat review.
E.
Street names.
(1)
Street names shall be proposed by the developer subject to the approval of the Town and the Cecil County Emergency Services. Proposed streets that are obviously in alignment with existing streets shall be given the same name. Newly created streets shall be given names that neither duplicate nor are phonetically similar to existing streets within the Town and the Fire Company's jurisdiction, regardless of the use of different suffixes.
(2)
A variety of suffixes may be approved by the Town such as street, avenue, or boulevard. However, the following street naming suffix criteria shall be followed where they would apply:
(a)
Alley, for a street built to the alley typical section provided in this chapter.
(b)
Circle, for a short street that returns to itself.
(c)
Court or place, for a cul-de-sac or dead-end street.
(d)
Lane, for a street built to the residential lane typical section provided in this chapter.
(e)
Loop, f a street that begins at the intersection with one street and circles back to end at another intersection with the same street.
F.
Utilities.
(1)
Utilities installed in the Town shall conform to the design and construction specifications of the Town of Chesapeake City.
(2)
Where topography, maintenance and facilities management considerations, or any other considerations are such as to make it impracticable or unfavorable for the Town to have utilities or drainage facilities within a street right-of-way, perpetual unobstructed easements for such utilities shall be provided across property outside the street right-of-way of at least 10 feet in width. Such easements shall be provided prior to final plan or plat approval.
§ 120-7.3.1 Dedication and acceptance of streets and facilities.
A.
Offer of dedication. Unless the recorded plat of a subdivision clearly shows a street to be private the recording of such plat shall constitute an offer of dedication of such street.
B.
Acceptance. The approval of a final subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any street shown on said plat. Acceptance of streets by the Town occurs only after all public improvement has been completed in accordance with the Chesapeake City Design and Specification Manual and/or any other Town specifications. The Town shall inspect all such facilities and improvements.
C.
Stormwater management facilities, open spaces and other amenities not within public rights-of-way or on land planned to be dedicated to the Town will not become the maintenance responsibility of the Town of Chesapeake City. The applicant for development approval shall propose, as part of the site plan or subdivision plat approval, the entity which shall be responsible for ongoing maintenance.
§ 120-7.3.2 Bonding and guarantee of public improvements.
A.
Town bonding procedures. Bonding procedures and requirements including inspection procedures and surety release procedures shall be as specified by the Town.
B.
Protection against defects.
(1)
Whenever occupancy, use or sale is allowed before the completion of all facilities or improvements intended for dedication, then the performance bonds or the surety that is posted shall guarantee that any defects in such improvements or facilities that appear within one year after the dedication of such facilities or improvements is accepted shall be corrected by the developer.
(2)
Whenever all public facilities or improvements intended for dedication are installed before occupancy, use or sale is authorized then the developer shall post a performance bond or other sufficient surety to guarantee that he will correct all defects in such facilities or improvements that occur within one year after the Town has taken title to or possession of the public facilities and/or improvements.
§ 120-7.4.1 Development subject to Architectural Design Standards of Town.
The Town may enter into contractual relationships to provide water and sewer service to properties located outside of the Town limits in accordance with the provisions of Resolution No. 5.28.2013 and any future amendments or revisions thereto. Pursuant to that resolution, development of all such properties is subject to the Chesapeake City, Maryland, Architectural Design Standards, adopted by resolution of the Town in 2006, as may be amended and revised from time to time, in addition to complying with all other relevant provisions of this chapter as may be amended and revised from time to time.[1]
[1]
Editor's Note: The Architectural Design Standards are included as an attachment to this chapter.