A. 
Purpose. Site plans are required to assure good arrangement and appearance of new development; to ensure harmony with existing structures; to assure consistency with the Town's building and site design standards and the Comprehensive Plan; to provide an understanding of the impacts of proposed uses and development on public facilities and services and ensure the availability and adequacy of the same; and to otherwise meet the purposes of this chapter. All site plans, residential, commercial and industrial, must comply with 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.[1]
[Amended 9-9-2013 by Ord. No. 08.12.2013]
[1]
Editor's Note: The Architectural Design Standards are included as an attachment to this chapter.
B. 
Category 1 site plans. Site plans for the following major uses including new construction or the relocation of a building shall be subject to review by the Planning Commission and shall be called Category 1 site plans:
(1) 
All commercial or industrial buildings, complexes, and uses.
(2) 
All institutional buildings and uses, including educational, governmental, recreational and religious.
(3) 
All new construction or external alterations of buildings in a historic district.
(4) 
All multiple-family dwellings, buildings, and complexes, and townhouses.
(5) 
All mixed-use buildings and sites.
(6) 
Temporary, carnival, festival and related uses when determined by the Zoning Administrator to have impacts that extend beyond the property of the principal use.
C. 
Category 2 site plans. Site plans for the following uses which have a minor impact shall be subject to review by the Zoning Administrator and approval by the Planning Commission unless such authority is expressly delegated by the Planning Commission to the Zoning Administrator in the Commission's written procedures as provided in § 120-3.1.2B and shall be called Category 2 site plans:
(1) 
Single-family detached dwellings, bed-and-breakfast facilities, accessory uses, and rehabilitation projects.
(2) 
Additions to buildings, where review is deemed necessary by the Zoning Administrator.
(3) 
Where an existing use is changing to another approved use in any zoning district.
(4) 
Decks, porches, and other similar structures.
A. 
Procedures by type of plan. Site plan processing procedures for Category 1 site plans are set forth in § 120-3.1.3. Administrative review procedures for Category 2 site plans and other plans are set forth in § 120-3.1.7.
B. 
Planning Commission to establish its procedures.
(1) 
The Planning Commission shall establish its written procedures, checklists and application forms necessary to ensure the timely and proper review and processing of site plans and other plans consistent with this chapter. The Commission shall establish the number and acceptable format for the various types of plans submitted for review under this chapter.
(2) 
In establishing its procedures, the Planning Commission may delegate to the Zoning Administrator project review and approval authority for any or all of the projects eligible for the administrative review procedures of § 120-3.1.7.
(3) 
Procedures and application forms shall be made available at the office of the Zoning Administrator.
(4) 
The Planning Commission may modify such procedures, checklists, and application forms from time to time.
(5) 
The Planning Commission may prescribe specific conditions on its approval determined necessary to minimize effects of use on neighboring properties given identification of concerns specific to a particular site.
There are three primary stages in the Category 1 site plan process: concept, preliminary, and final.
A. 
Concept stage. The purpose of the concept stage is to provide the Planning Commission with the opportunity to informally review a development proposal prior to the substantial commitment of time and expense on the part of the applicant in preparing a site plan.
(1) 
No application for Category 1 site plan approval shall be accepted by the Town until:
(a) 
A concept site plan package as provided for in § 120-3.1.4 is submitted for review by the Zoning Administrator.
(b) 
Any required concept plan review fees have been paid.
(c) 
The steps for concept site plan review as established by the Planning Commission are completed which shall include an application to the Cecil County Department of Public Works for review.
(2) 
The Zoning Administrator shall review the concept site plan package for completeness and shall refer it to the appropriate individuals or agencies for review, comment, and/or approval prior to submitting it to the Planning Commission.
(3) 
The applicant for site plan approval shall attend a meeting with the Zoning Administrator prior to submitting the concept plan to the Planning Commission. Consistent with the purpose of site plan review, the purpose of the meeting shall be to provide the Town with an opportunity to address issues or concerns with the concept plan, identify any impact studies that may be required, and provide direction to the applicant on the scope of such studies.
(4) 
The Planning Commission shall hold one meeting on the concept plan to receive an informational briefing on the plan and the anticipated issues and impacts related thereto. The Planning Commission shall take no action to approve or disapprove a concept plan. Should the Planning Commission determine that the development project represented by the concept plan may have substantial impact on the physical, economic, or social environment, the Planning Commission may hold more than one meeting on the concept plan.
(5) 
For all Category 1 site plans submitted for review, the Zoning Administrator shall submit verifiable notice to the applicant at least seven days before the day of the meeting to discuss the concept site plan and submit verifiable notice to all owners of property adjoining and immediately across the street from the subject property. Such written notice shall state the date, time, place, and subject matter of the meeting to discuss the concept site plan and the name of the applicant. Such notice shall be sent not less than seven days before the day of the meeting. The Planning Commission may provide for expanded public notification of its deliberations of site plans at its discretion.
(6) 
The review and approval of stormwater management plans by the Cecil County Department of Public Works is required prior to final plan review. The applicant for the Town's site plan approval shall be responsible for coordinating the county's review and approval of stormwater management plans.
B. 
Preliminary stage. The purpose of the preliminary stage is to provide the Planning Commission with the information necessary for it to take action to approve or disapprove a site plan. The Planning Commission shall review and take action to approve or deny all Category 1 site plans. Prior to acceptance of a preliminary site plan for review, the applicant shall provide the Zoning Administrator with the formal plan review comments from Cecil County.
(1) 
Preliminary site plans meeting the submittal requirements of § 120-3.1.5 shall be submitted to the Zoning Administrator who shall review the plans for compliance with this chapter and the requirements for preliminary site plans and shall transmit said plans to the Planning Commission with his or her comments for review.
(2) 
The Planning Commission shall examine the proposed development with respect to the traffic and circulation patterns and safety (internal and external), utilities, drainage, community facilities (existing or proposed), surrounding development (existing or future), the preservation of trees and historic sites, protection of natural environmental features and processes, provision for open space, streetlighting, recreational needs, safety of residents and neighbors, landscaping, architecture, compatibility with building, site and design standards, and, in general, with the objective of ensuring a durable, harmonious, and appropriate use of the land.
(3) 
The Planning Commission shall take action to approve, approve with conditions, disapprove, or table pending further investigation and/or receipt of certain additional information, but shall take no action until the following has occurred:
(a) 
The Zoning Administrator has reviewed the site plan and determined that it is complete and submitted his or her findings in writing to the Planning Commission.
(b) 
The applicant has submitted any impact studies that may be required by Article 3.3 of this chapter and has obtained Town approval of such required studies.
(c) 
Comments on the site plan from appropriate agencies and individuals have been requested and sufficient time has been provided for such agencies and individuals to provide comments.
(d) 
The applicant has paid all appropriate preliminary site plan review and application fees to the Town.
(4) 
No public hearing shall be required, but may be called at the option of the Planning Commission.
C. 
Final stage. The purpose of the final stage is to ensure that all submittal requirements of final site plans as set forth in § 120-3.1.6 and that any required design and construction standards are specifically and accurately addressed, to ensure that all conditions of the Planning Commission's approval are specifically and accurately met, and to finalize any and all necessary formal agreements related to the project, which may include public works agreements and easement agreements, among others.
(1) 
Final site plan approval shall be granted prior to the commencement of any development activity.
(2) 
Final site plans shall be submitted to the Zoning Administrator who shall review the plans for compliance with this chapter and the conditions, if any, of Planning Commission approval. If specified conditions or stipulations are met in revised plans, the Zoning Administrator shall approve issuance of building permits in accord with the revision without returning the plans for further Planning Commission review.
(3) 
When all review and approvals have been completed and documentation of such approvals provided to the Zoning Administrator, he/she and the Chairperson of the Planning Commission shall each sign the site plan to indicate completion of review and approval by the Town and to certify that conditions, if any, of site plan approval have been met. The applicant shall submit all local, county, state and/or federal approvals as may be required. No permit shall be issued until this approval has been given.
(4) 
When a public works agreement is required, final approval shall not be certified until that public works agreement has been executed by the applicant and the Town.
D. 
Project built to plan for occupancy permit.
(1) 
The Zoning Administrator shall assure that the project is completed in conformance with the approved site plan before certifying the same. Upon such certification, Cecil County will issue a use and occupancy permit.
(2) 
Before issuance of an occupancy permit, either all the work must be completed or, in the Town's discretion, all remaining work must be bonded.
The concept site plan package shall meet the requirements as to content and organization as may be established by the Planning Commission and at minimum shall include the following:
A. 
Project concept plan. A scaled drawing showing the proposed development on a survey of the project boundaries. It shall show the project layout, proposed and existing land uses, open spaces, circulation routes and points of access to the adjacent street network, and main design features. If phasing is proposed, a master plan for the entire project shall be shown. Drawings shall be 24 inches by 36 inches. Scale shall be no less detailed than one inch equals 100 feet and shall show adjacent streets and adjacent property owners. A vicinity map at a scale no less detailed than one inch equals 1,000 feet shall be included which shows the location with respect to neighborhood streets. Typical architectural elevations shall be included.
B. 
Project area schematic. A scaled drawing or GIS aerial photograph showing the main features of the project in relationship within the neighborhood. Included in the drawing shall be existing infrastructure within at least 1,000 feet, including streets, intersections, water, sanitary sewer, and storm drains. Scale shall be no less detailed than one inch equals 400 feet for large projects and one inch equals 200 feet for small projects. Drawings shall be no larger than 24 inches by 36 inches.
C. 
Site investigation report. A report providing information and data on the physical and environmental characteristics of the site, the proposed uses and utility demands, anticipated impacts of the proposed development on neighboring properties, area infrastructure and services, recreational resources and other public facilities, compliance with the Town Comprehensive Plan, and the proposed architectural and design character, which shall be in accordance with 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.[1] The site investigation report shall follow the format established by the Planning Commission as may be amended from time to time and shall address each of the following:
[Amended 9-9-2013 by Ord. No. 08.12.2013]
(1) 
Site data summary chart. Tax map and parcel number, Planning Commission case numbers and prior approvals, Board of Appeals case numbers and prior approvals, zoning classification (including critical area designation if applicable), proposed zoning, allowable density, proposed density, total site area, flood zone, wetlands (state and federal), number of proposed lots, number of proposed units and types, availability of utilities, zoning setback requirements, zoning lot size requirements, maximum building height allowed by zoning, open space required by zoning and proposed open space, use of open space, parking required by zoning and proposed parking. Provide breakdown for each phase or land use as appropriate.
(2) 
Land use overview. Provide narrative of existing site conditions and provide legible copy of Cecil County Soil Map with outline of property sketched on it. Describe existing context and highlight any issues regarding marginal site conditions, including topography, hydric soils, existing drainage patterns, standing water, culverts, ditches, wetlands or sensitive areas.
(3) 
Traffic access overview. Provide narrative of existing roads, lanes, width, material, condition, curb, sidewalk, and off-site improvements needed to accommodate the project. If project is known to require a State Highway Administration (SHA) traffic study, provide summary information and study schedule.
(4) 
Utility demands and services overview. Provide narrative on conditions and capacity of sanitary sewer, public water, gas, and electric, and describe any off-site improvements needed.
(5) 
Stormwater management overview. Provide narrative on types of best management practices to be used, proposed conveyance and management techniques and a summary of any off-site improvements needed.
(6) 
Construction phasing overview. Provide narrative of time of construction and estimate the number of anticipated building permits per year.
(7) 
Provide narrative of recreational needs and opportunities if the project is residential.
[1]
Editor's Note: The Architectural Design Standards are included as an attachment to this chapter.
The applicant is responsible for preparing a preliminary site plan. As directed by Planning Commission guidance, the preliminary site plan shall be submitted as a multiple sheet document with drawings on sheets no larger than 24 inches by 36 inches and at scales no less detailed than one inch equal to 100 feet.
A. 
Order of plan sheets. Preliminary site plans submittals shall adhere to the order of plan sheets established by the Planning Commission with any additional required details and plan drawings inserted into the order prescribed by the Town.
B. 
Contents. The preliminary site plan shall show the North point, scale, date, and the following:
(1) 
The seal and signature of a licensed professional land surveyor and/or the seal and signature of a licensed engineer or landscape architect as appropriate.
[Amended 5-22-2023 by Ord. No. 2023-003]
(2) 
Revision block on each sheet to accurately disclose any drawing revisions made after the first submittal for preliminary plan review.
(3) 
A key and overview plan for multistage projects.
(4) 
Geographical location, showing existing zoning district boundaries.
(5) 
Existing zoning classification on the site and adjacent sites.
(6) 
Topographic contours at a minimum of 1/2-foot intervals unless waived by the Zoning Administrator as clearly unnecessary to review the project or proposal.
(7) 
The location and nature of all proposed construction, excavation or grading, including but not limited to buildings, streets and utilities.
(8) 
A grading plan (horizontal) conforming to requirements of Cecil County standards.
(9) 
A utility plan (horizontal). It shall show all existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types and grades, and the location of all connections to the utility system.
(10) 
Where deemed appropriate and necessary by the County Department of Public Works, provisions for the adequate management of natural water and stormwater.
(11) 
Where deemed appropriate and necessary by the County Department of Public Works, provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading, and construction.
(12) 
A landscape and lighting plan including location and details of signage.
(13) 
A parking plan, showing all off-street parking, related driveways, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required by this chapter.
(14) 
Architectural elevations in color including at least one presentation board of no smaller than 24 inches by 36 inches.
(15) 
Preliminary street profiles and cross sections for streets and curbing. All existing and proposed streets and easements including widths.
(16) 
Approximate location of points of ingress and egress to existing public streets and highways; if ingress or egress is onto a state-maintained roadway, an accompanying letter from the Maryland State Highway Administration indicating preliminary approval shall be required.
(17) 
All existing easements of any kind. If easements are to be granted, a separate and preliminary easement plat shall be provided.
(18) 
The number of construction phases proposed, if any, with the site plan showing the approximate boundaries of each phase, and the proposed completion date of each phase.
(19) 
A tabulation of total number of acres in the project, gross or net as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools and other reservations.
(20) 
Number of dwelling units to be included by type of housing: apartments of three stories and under; apartments over three stories; single-family dwellings; townhouses; and two-family dwellings. The overall project density in dwelling units per acre, gross or net as required by district regulations.
(21) 
Proposed buildings and structures with dimensions, setbacks and heights designated including floor areas of all nonresidential buildings and the proposed use of each.
(22) 
Approximate location and size of nonresidential areas, if any (parking areas, loading areas or other).
(23) 
Approximate location and size of recreational areas and other open spaces.
(24) 
Existing vegetation, proposed removal of vegetation, and proposed replacement of vegetation.
(25) 
Location, type, size and height of fencing, retaining walls, and screen planting.
(26) 
Location, orientation, design, and size of signs, if any.
(27) 
The Planning Commission may establish additional requirements for preliminary site plans and may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.
The applicant is responsible for preparing the final site plan. The final site plan shall comply with all existing laws, regulations, and ordinances governing the approval of site plans and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of building permits.
A. 
Final plan shall be as required. In addition to meeting the submittal requirements of a preliminary site plan, final site plan shall meet all specific plan submittal requirements of the Town and Cecil County as appropriate.
B. 
Final plan shall comply with conditions of approval. Submittals shall demonstrate compliance with any conditions of site plan approval and shall include all necessary approvals from any local, county, state, and federal agency.
C. 
Adding or waiving submittal requirements. As a condition of site plan approval, the Planning Commission may establish additional submittal requirements for a final site plan and may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.
D. 
Order of plan sheets. Final site plan submittals shall adhere to the order of plan sheets established by the Planning Commission with any additional required details and plan drawings inserted into the order prescribed by the Town.
Administrative plan review is for projects with relatively minor impact, which require less information and can be reviewed and approved in a shorter time. In administrative plan review, the Planning Commission is the approving authority unless it has delegated such authority to the Zoning Administrator through establishment of its project review and approval procedures. Administrative plan review is for Category 2 site plans as provided in § 120-3.1.1C, minor subdivisions, lot line adjustments, and conversions of existing deeded lots to parcels.
A. 
Acceptance of plan for administrative review. No application for administrative review shall be accepted by the Town until:
(1) 
A plan in compliance with § 120-3.1.8 is submitted for review to the Zoning Administrator.
(2) 
Any required plan review fees have been paid.
B. 
Action by approving authority. Plans requiring administrative review shall be submitted to the Zoning Administrator who shall review the plans for compliance with this chapter.
(1) 
If the approving authority finds that such plans meet the intent of this chapter and are consistent with the Comprehensive Plan, then he/she shall affix his/her signature on the plan(s) certifying approval.
(2) 
If the approving authority finds that the plan does not meet the intent of this chapter and/or is not consistent with the Comprehensive Plan and the Town's adopted building and site design standards, then he/she shall deny approval and transmit that decision in writing to the applicant.
(3) 
The approving authority shall not take action to approve or deny a plan requiring administrative review until the following has occurred:
(a) 
The Zoning Administrator has reviewed the plan and determined that it is complete.
(b) 
The applicant has submitted any impact studies that may be required by Article 3.3 of this chapter and has obtained Town approval of such required studies.
(c) 
Comments on the plan from appropriate agencies and individuals have been requested and sufficient time has been provided for such agencies and individuals to provide comments.
(d) 
The applicant has submitted all local, county, state and/or federal approvals as may be required.
C. 
Appeals. Any person aggrieved by an administrative plan review decision made by the Zoning Administrator and desiring to appeal such decision must appeal to the Board of Appeals per § 120-2.2.6 of this chapter.
Plans for administrative review shall comply with all existing laws, regulations, and ordinances governing development approval and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of a building permit.
A. 
Professional seal may be required. As may be required by the Zoning Administrator, the seal and signature of a licensed professional land surveyor and/or the seal and signature of a licensed engineer or landscape architect.
[Amended 5-22-2023 by Ord. No. 2023-003]
B. 
Contents. The plan shall show the North point, a scale not to exceed one inch equals 40 feet, the date and the following:
(1) 
All existing property lines with dimensions.
(2) 
If converting an existing deeded lot to a new parcel, old lot lines with dimensions and numbers shall be shown.
(3) 
If site plan includes a proposed minor subdivision or lot line adjustment, proposed lot lines with dimensions shall be shown.
(4) 
All setbacks lines.
(5) 
All existing structures (dimensions, total square footage, distance from property lines).
(6) 
Zoning classification (property and adjoining properties).
(7) 
Proposed signs, if applicable.
(8) 
Proposed building elevations of all sides visible from the public right-of-way, if applicable.
(9) 
Proposed landscaping if applicable.
(10) 
All existing and proposed driveway/parking spaces/interior roadway areas and dimensions, if applicable.
(11) 
For a change of use and/or addition, interior layout with dimensions to include existing and proposed uses.
(12) 
Other information as may be required by the Zoning Administrator or Town Engineer to adequately review the plan.
(13) 
Sanitary sewer, public water, and storm drain locations, including the location of all lines and ties-ins.
(14) 
All existing and proposed easements and rights-of-way, if applicable.
Amendments to an approved site plan shall be submitted to the Zoning Administrator with an appropriate application. The Zoning Administrator shall determine at that time the appropriate fee amount and payment schedule, if any, which shall apply.
A. 
Major or minor amendment. The Zoning Administrator shall determine if the proposed amendment is major or minor or if it instead constitutes a substantive change. Upon a finding that a proposed amendment constitutes a substantive change rather than an amendment as provided below, the Zoning Administrator shall return the application to the applicant.
(1) 
A minor amendment is a modification that does not change the intensity of the use or alter the traffic pattern.
(2) 
A major amendment is a modification that modestly changes the intensity of the use or alters the traffic pattern or the demand on area infrastructure or materially, but not substantively, changes the open space, building location, and building and/or site design.
(3) 
Substantive changes to an approved site plan are not amendments under the terms of this section and shall not be processed as such. An applicant who wishes to move forward with a substantive change to an approved site plan shall be required to prepare and submit a new site plan for review and approval. Substantive changes to an approved site plan include but are not limited to the following:
(a) 
Proposals for a different type of housing or commercial development than contemplated in the original, approved site plan approval or in any comparable change which would materially impact the estimated public service costs or tax revenues associated with the approved development to the detriment of the Town.
(b) 
Substantive changes to the pattern and location of buildings or layout of streets, access points, or utilities and infrastructure.
(c) 
Any change which would materially detract from the quality of the natural environment, materially intensify the impact to area infrastructure, or materially detract from the economies of providing public services or facilities to the contemplated development.
(4) 
The Planning Commission or Zoning Administrator is under no obligation to approve an amendment to an approved site plan. In reviewing said request, the Planning Commission or Zoning Administrator shall take into consideration changes to and the status of area land use development, infrastructure, and the Town's Comprehensive Plan which may have occurred between the time the site plan was approved and the request for an amendment.
B. 
Major amendment to Category 1 site plan. If the site plan to be amended is a Category 1 site plan and the amendment is determined to be major, the applicant shall submit new drawings to the Zoning Administrator, who shall distribute the drawings to the appropriate agencies or individuals for comment. Obtaining agency approvals other than the Town shall be the responsibility of the applicant. The proposed amendment shall be approved or denied by the Planning Commission.
C. 
Minor amendment to Category 1 site plan. If the site plan to be amended is a Category 1 site plan and the amendment is determined to be minor, the applicant shall indicate the change on the previously approved plan and submit the amended plan to the Zoning Administrator who may distribute the plan to the appropriate agencies or individuals for comment. The Zoning Administrator may approve or reject the amendment or, at his/her discretion, transmit the amended plan to the Planning Commission for its review and decision.
D. 
Amendment to Category 2 site plan. The Zoning Administrator shall approve or reject any amendment to a Category 2 site plan unless it is found to be a substantive change under § 120-3.1.9A(3).
A site plan approval shall become null and void unless a building permit has been issued for the proposed development within two years from the date of the approval. The Planning Commission may for good cause grant a one-year extension for a Category 1 site plan upon consideration of the criteria set forth in § 120-3.2.3A(3) of this chapter. The Zoning Administrator may for good cause grant a one-year extension for a Category 2 site plan upon consideration of the criteria set forth in § 120-3.2.3A(3) of this chapter. The applicant must request an extension at least 30 days prior to the expiration date.