A. 
Growth allocation acreage. Growth allocation available to Chesapeake City includes:
(1) 
An area equal to 5% of the RCA acreage located within Chesapeake City; and
(2) 
Growth allocation available to Chesapeake City as provided for by Cecil County.
B. 
Purpose. Growth allocation is available for use in an RCA or in an LDA in the Chesapeake City Critical Area Overlay District. The purpose is to authorize a change in the Critical Area classification to develop at a higher density or use than the current classification allows.
[Added 7-11-2022 by Ord. No. 2022-001[1]]
[1]
Editor's Note: This ordinance also repealed original § 8.4.1B, Growth Allocation Floating Zone District GA.
C. 
Process. An applicant shall submit to Chesapeake City a complete application for growth allocation that complies with the submittal and environmental report requirements of COMAR 27.01.02.06-1 and 27.01.02.06-2. A growth allocation request shall be approved by the Town Council and Mayor prior to submission to the Critical Area Commission.
[Added 7-11-2022 by Ord. No. 2022-001; amended 11-28-2022]
A. 
When locating new Intensely Developed or Limited Development Areas the following standards shall apply:
[Amended 7-11-2022 by Ord. No. 2022-001; amended 11-28-2022]
(1) 
A new Intensely Developed Area shall only be located in a Limited Development Area or adjacent to an existing Intensely Developed Area.
(2) 
A new Limited Development Area shall only be located adjacent to an existing Limited Development Area or an Intensely Developed Area.
(3) 
New Intensely Developed Areas shall be at least 20 acres in size unless they are contiguous to an existing IDA or LDA.
(4) 
New Limited Development Areas or Intensely Developed Areas shall be located in a manner that minimizes impacts to Habitat Protection Area as defined herein and in COMAR 27.01.09 and in an area and manner that optimizes benefits to water quality.
(5) 
New Intensely Developed Areas shall only be located where they minimize their impacts to the defined land uses of the Resource Conservation Area (RCA).
(6) 
New Intensely Developed Area or a Limited Development Area in a Resource Conservation Area shall be located at least 300 feet beyond the landward edge of tidal wetlands or tidal waters.
(7) 
New Intensely Developed or Limited Development Areas to be located in Resource Conservation Areas shall conform to all criteria of this Part 8 for such areas, shall be so designated on the Chesapeake City Critical Area Maps and shall constitute an amendment to this Part 8 subject to review by the Chesapeake City Planning Commission and approval by the Mayor and Council and the Critical Area Commission as provided herein.
(8) 
For a growth allocation application for a residential subdivision, comply with the requirements and procedures under the Environment Article, § 9-206, Annotated Code of Maryland, and Land Use Article, Title 1, Subtitle 5, and § 5-104, Annotated Code of Maryland.
[Added 7-11-2022 by Ord. No. 2022-001]
B. 
Additional factors. In reviewing map amendments or refinements involving the use of growth allocation the Critical Area Commission and Mayor and Council shall consider the following factors:
[Amended 7-11-2022 by Ord. No. 2022-001]
(1) 
Consistency with Chesapeake City Comprehensive Plan and whether the growth allocation would implement the goals and objectives of the adopted plan. "Consistency with" means that a standard or factor will further, and not be contrary to, the following items in the Comprehensive Plan:
(a) 
Policies;
(b) 
Timing of the implementation of the plan, of development, and of rezoning;
(c) 
Development patterns;
(d) 
Land uses; and
(e) 
Densities or intensities.
(2) 
For a map amendment or refinement involving a new Limited Development Area, whether the development is:
(a) 
To be served by a public wastewater system or septic system using the best available nitrogen removal technology;
(b) 
To complete an existing subdivision;
(c) 
To expand an existing business; or
(d) 
To be clustered.
(3) 
For a map amendment or refinement involving a new Intensely Developed Area, whether the development is:
(a) 
To be served by a public wastewater system;
(b) 
To have an allowed average density of at least 3.5 units per acre, as calculated under State Finance and Procurement Article, §5-78-03(h), Annotated Code of Maryland;
(c) 
If greater than 20 acres, to be located in a designated priority funding area; and
(d) 
To have a demonstrable economic benefit.
(4) 
The use of existing public infrastructure, where practical;
(5) 
Consistency with state and regional environmental protection policies concerning the protection of threatened and endangered species and species in need of conservation that may be located on- or off-site;
(6) 
Impacts on a priority preservation area;
(7) 
Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and
(8) 
Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development and/or sea level rise.