A. 
Purpose. Subdivisions plats prepared and approved in accordance with the provisions of this chapter shall be required to assist in the review of applications for land subdivision and to assure compliance with all applicable requirements. All subdivision plans shall 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. 
Applicability. No land in a subdivision shall be sold or offered for sale nor shall a building permit be issued for a structure thereon until a final plat of such subdivision has been recorded per this chapter and the improvements required in connection with such subdivision have either been constructed or guaranteed per this chapter.
C. 
Major and minor subdivisions administration.
(1) 
Minor subdivisions, lot line adjustments, and conversions of existing deeded lots to parcels shall be reviewed according to procedures set forth in § 120-3.1.7 of this chapter.
(2) 
Major subdivisions shall be reviewed and approved according to the procedures set forth in § 120-3.2.2 below.
There shall be three stages in the review and approval of a major subdivision: concept, preliminary, and final plat.
A. 
Concept stage. The purpose of the concept stage is to provide the Planning Commission with the opportunity to informally review a subdivision proposal prior to the substantial commitment of time and expense on the part of the applicant in preparing a preliminary plat.
(1) 
No application for subdivision approval shall be accepted by the Town until:
(a) 
A concept subdivision plat meeting the content submittal requirements of § 120-3.2.4 of this chapter is submitted for review by the Town.
(b) 
Any required concept plat review fees have been paid.
(c) 
The steps for concept subdivision plat review as established by the Planning Commission are completed.
(2) 
Within 30 days of receiving a subdivision concept plat, the Zoning Administrator shall review the concept for completeness and inform the applicant and Planning Commission of his/her findings.
(3) 
The Zoning Administrator shall refer the concept plat to the appropriate individuals or agencies for review and/or comment prior to submitting it to the Planning Commission.
(4) 
The applicant shall attend a meeting with the Zoning Administrator prior to submitting the concept plat to the Planning Commission. The purpose of the meeting shall be to provide the Town with an opportunity to address issues or concerns, identify any impact studies that may be required, and provide direction to the applicant on the scope of such studies.
(5) 
The Planning Commission shall hold at least one meeting on the concept plat to receive an informational briefing on the plat and the anticipated issues and impacts related thereto. The Planning Commission shall take no action to approve or deny a concept plat. Should the Planning Commission determine that the development project represented by the concept plat may have substantial impact on the physical, economic, or social environment the Planning Commission may hold more than one meeting on the concept plat.
(6) 
For all major subdivision plats submitted for review, the Zoning Administrator shall:
(a) 
Submit written notice to the applicant by first-class mail, such to be postmarked at least seven days before the day of the Planning Commission meeting to discuss the concept site plan; and
(b) 
Submit written 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 plat and the name of the applicant. Such notice shall be sent by first-class mail and be postmarked not less than seven days before the day of the meeting.
(7) 
The Planning Commission may provide for expanded public notification of its deliberations on subdivision plans at its discretion.
B. 
Preliminary stage. The purpose of the preliminary subdivision review stage is to provide a basis for the Planning Commission to take formal approving action with respect to the proposed subdivision in order to minimize changes and revisions which might otherwise be necessary on the final subdivision plan. The Planning Commission shall review and take action to approve, approve with conditions, or deny all preliminary subdivision plats.
(1) 
Preliminary subdivision plats meeting the submittal requirements set forth in § 120-3.2.4 of this chapter shall be submitted to the Zoning Administrator who shall review the plats for compliance with this chapter and the requirements for preliminary plats and shall transmit said plats to the Planning Commission with his or her comments for review. Applications found to be incomplete shall be returned to the applicant.
(2) 
The Planning Commission shall examine the proposed subdivision with respect to the traffic and circulation patterns and safety (internal and external), utilities, stormwater management, 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 and consistency with the Comprehensive Plan.
(3) 
The Planning Commission shall take action to approve, approve with conditions, or deny approval, but shall take no action until the following has occurred:
(a) 
The Zoning Administrator has reviewed the subdivision plat and determined that it is complete and submitted findings to that effect in writing to the Planning Commission.
(b) 
The applicant has submitted any impact studies that may be required and has obtained Town approval of such studies, where required.
(c) 
Comments 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 subdivision review and application fees to the Town.
(4) 
A public hearing shall not be required but may be called at the option of the Planning Commission.
(5) 
Planning Commission action. The Planning Commission shall act for approval, conditional approval with conditions noted, postponement, or disapproval. Reasons for all actions shall be stated in the decision of the Planning Commission. The following actions shall have the meanings so stated:
(a) 
"Approval" means that the developer is authorized to proceed with the preparation of a final plat. Preliminary plat approval grants an applicant one year within which to submit a final plat.
(b) 
"Conditional approval" means that the applicant may proceed with a final plat, but only after the preliminary plat has been corrected to reflect all conditions placed on the plat by the action of the Planning Commission. Actual approval shall not be made until the Planning Commission finds that all such conditions have been satisfied.
(c) 
"Postponement" means Planning Commission action is delayed for definite reasons which the Planning Commission shall record in writing.
(d) 
"Disapproval" means disapproval of the plat. For any further action, the developer must file a new application meeting the submittal requirements along with the required filing fees.
C. 
Final stage. The final subdivision plan shall consist of a drawing intended for recordation, incorporating those changes or additions required by the Planning Commission in its approval of the preliminary subdivision plat.
(1) 
Final subdivision plats shall be submitted to the Zoning Administrator who shall review the plats for compliance with this chapter and the conditions, if any, of Planning Commission approval. If specified conditions or stipulations of the preliminary plat approval are not met in revised plans, the Zoning Administrator shall return the plat to the applicant.
(2) 
When all review and approvals have been completed and documentation of such approvals provided to the Zoning Administrator, he or she and the Chairperson of the Planning Commission shall each sign the final plat to indicate completion of review and approval by the Town and to certify that conditions, if any, of plat approval have been met and that the applicant has submitted all local, county, state and/or federal approvals as may be required. No permit shall be issued until this approval has been given.
(3) 
When a public works agreement is required, the Zoning Administrator and Chairperson of the Planning Commission may not certify final plan approval until that public works agreement has been signed by the applicant and the Town.
A. 
Grant of extension.
(1) 
A preliminary plat approval grants the applicant one year in which the applicant shall submit the final plat.
(2) 
Before expiration of the approval, the Planning Commission may grant an extension for just cause, with extension periods no greater than one year at a time. The applicant shall request an extension at least 30 days prior to the deadline date for submittal of a final plat.
(3) 
In connection with a request for extension, the Planning Commission shall consider the following:
(a) 
Whether a lawful change in the neighborhood of the property has made the subdivision, as originally approved, incompatible with neighboring properties or presented impacts to neighboring properties and infrastructure not foreseen before such land use change occurred;
(b) 
Whether a change in the street and highway plan or the plan for any public facilities and/or services or the projected impact of area development on streets, highways, water and sewer and other facilities has made the subdivision, as originally proposed, problematic;
(c) 
Any change in zoning and/or subdivision regulations; and
(d) 
Any changes in the Town Comprehensive Plan.
(4) 
The Planning Commission may require that an impact study as provided in Article 3.3 of this chapter be completed in connection with a request for an extension.
B. 
Changes may be required. In conjunction with an approved extension, the Planning Commission may require that changes in the plat be made upon finding that time has necessitated changes for the benefit of the public health, safety, and welfare.
C. 
Expiration of extension period. Upon expiration of any extension period approved herein, the plat shall be deemed disapproved by the Planning Commission.
D. 
Approved plats exempted from regulatory changes. Any approved preliminary plat or any plat continued for further study by the Planning Commission shall be exempted from changes in the regulations governing subdivisions for a period of two years from the date of approval of the preliminary plat. Exemptions from changes in the subdivision regulations shall not be extended, even if the preliminary plat is extended as provided above.
A. 
Concept plat requirements. The concept subdivision plat 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:
(1) 
A plan of lot subdivision; and
(2) 
The contents set forth in § 120-3.1.4 of this chapter.
B. 
Preliminary plat requirements.
(1) 
Order of plan sheets. Preliminary subdivision plat 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.
(2) 
Contents of preliminary plat:
(a) 
The applicant shall submit a preliminary subdivision plat to show the nature and extent of all contemplated improvements and lot subdivisions, to be developed from the concept plat and each of the specific contents set forth in § 120-3.1.5B of this chapter.
(b) 
The plat shall be a multiple sheet document with drawings on sheets no larger than 24 inches by 36 inches and at a scale no less detailed than one inch equal to 100 feet. Submittals shall meet specific technical requirements as may be set forth in the Town design and construction standards.
(c) 
A preliminary plat shall show the location of all existing and proposed recorded easements and rights-of-way that affect the property and a citation of any recorded easements, restrictions, reservations or covenants that affect the property.
C. 
Final plat requirements. The applicant shall prepare and submit a final subdivision plat. The final plat shall comply with all existing laws, regulations, and ordinances governing the approval of subdivision plats and provide accurate dimensions and construction specifications to provide the data necessary for the issuance of building permits.
(1) 
In addition to meeting the submittal requirements of a preliminary subdivision plat, the final plat shall meet all specific technical plan submittal requirements as may be required by the Town.
(2) 
Submittals shall demonstrate compliance with any conditions of preliminary plat approval and shall include all necessary approvals from any local, county, state, and/or federal agencies.
(3) 
As a condition of final plat approval, the Planning Commission may establish additional submittal requirements for a final 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.
(4) 
Final subdivision plat submittals shall adhere to the order of plan sheets required of preliminary plats as provided in this chapter with any additional required details and plan drawings inserted into the order prescribed by the Town.
D. 
Platting as pertains to the original tract.
(1) 
The Planning Commission shall require that the remaining original tract be shown as stated in the appropriate subsection below.
(a) 
If less than five acres of land remain in the original tract after the lots are excluded then the entire tract (lots and the remainder) must be platted.
(b) 
If more than five acres of land remain in the original tract after the lots are excluded then the owner is not required to plat the remaining acreage.
(2) 
The owner is required to submit a plan showing the entire acreage and the location of lots being platted and any previous platted lots. The owner is required to keep this plan current with the process of subdivision approval and platting.