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.
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.