Adequate Public Facilities

In September 2007, the City Council adopted an Adequate Public Facilities ordinance whose purpose is to assure that the impact on public facilities is assessed in conjunction with proposed development. The Adequate Public Facilities ordinance, O-32-06 Revised 9/10/2007 is codified as Title 22 of the City Code.

Purposes

A. The purposes of testing for and certification of Adequate Public Facilities are to:

  • Assure that development and redevelopment occurs in concert with the Capital Improvement Program and will enable the City to provide adequate public facilities in a timely manner and achieve the growth objectives of the Comprehensive Plan.

  • Assure that proposed development protects the public health and safety, promotes the general welfare of the community, and conserves the environment.

  • Assure that proposed development fits harmoniously into the fabric of the community.

  • Encourage new development to occur in areas of the City where public facilities are being provided.

  • Require new, additional, or upgrades to existing facilities that are necessary to address the impact on public facilities from proposed development when the existing or planned public facilities will not provide or maintain an adequate level of service.

B. Adequacy standards should be achievable within a six-year timeframe and the annual Capital Improvement Program should be based on a community facilities plan that insures that existing deficiencies are corrected within that timeframe.

Applicability

A Certificate of Adequate Public Facilities is required to be issued before any approval of a Major Site Design Plan application under Section 21.22.060 of the Zoning Code, and any approval of a Planned Developments under Chapter 21.24 of the Zoning Code, for all proposed projects. A "Proposed Project" means all new development or redevelopment of any non-residential building or any mixed-use development of non-residential and residential uses, proposed by an applicant, where the proposed development is greater than 10,000 square feet in area or a residential subdivision of more than eleven (11) lots regardless of the square footage of the development.

Adequate public facilities which are evaluated are those provided, managed or within the exclusive control of the City of Annapolis and include Fire, Rescue, Emergency Medical and Fire Inspection Services; Police Protection Services; Public Maintenance Services; Water and Sewer Services; Recreational Facilities; Non-Auto Transportation Facilities; and Storm Water Management Facilities.

Process

The Department of Planning and Zoning is responsible for administering the application process for a Certificate of Adequate Public Facilities, with support from each director or department responsible for the applicable facilities. An application for a Certificate of Adequate Public Facilities is made in conjunction with an application for site design review and approval of a Major Site Design Plan or Planned Development.

The Department of Planning and Zoning then refers the application to the departments responsible for review of the applicable facilities. Each reviewing department is responsible for evaluating a project and making written findings that the facilities are adequate for a proposed project; the facilities will be adequate for a proposed project because the project is in compliance with the provisions of Chapter 22.28, or the facilities are inadequate for a project

In determining the adequacy or inadequacy of public facilities, departments responsible for the applicable facilities shall take into consideration the following:

  • Residential, commercial, and mixed use development and approved development existing within the City, as applicable.
  • Proposed projects, as applicable, for which a Certificate of Adequate Public Facilities has been issued under this title.
  • The proposed project for which an application for a Certificate of Adequate Public Facilities has been applied.
  • The Capital Improvement Program, including projected facilities, the Comprehensive Plan, and any other land use conditions that the Director of Planning and Zoning may reasonably prescribe to be considered by the departments.

Certification

Upon determining the adequacy of all facilities, or that all facilities will be adequate because a proposed project is in compliance with the provisions of Chapter 22.28 the Planning and Zoning Director shall approve the application for a Certificate of Adequate Public Facilities by issuing said Certificate to the applicant. The Planning and Zoning Director shall not approve an application for a Major Site Design Plan until such time as an applicant is issued a Certificate of Adequate Public Facilities.

If there is a determination of inadequacy of one or more of the facilities in this Chapter and if no mitigation plan has been submitted by the applicant in accordance with the provisions of Chapter 22.28, the Director of Planning and Zoning shall:

  • Issue to the applicant a denial of the application for a Certificate of Adequate of Public Facilities for such proposed project; or
  • Upon request of the applicant, place the proposed project on a waiting list established and maintained by the Department of Planning and Zoning in consultation with the applicable departments. As facilities become adequate with regard to a proposed project on the waiting list because the adequacy standards have been satisfied or because the applicant has submitted a mitigation plan pursuant to Chapter 22.28, the Director of Planning and Zoning shall approve the application for a Certificate of Adequate Public Facilities for such proposed project by issuing said Certificate to the applicant.

If a facility is scheduled to be improved under any relevant Capital Improvement Program of the City, County, State or any relevant agency thereto and is funded for construction, the facility shall be deemed adequate.

The Director of Planning and Zoning may issue a Certificate of Adequate Public Facilities in conjunction with a Major Site Design Plan approval for an entire proposed project or, at the request of the applicant, the Director may issue separate and successive Certificates of Adequate Public Facilities for phases of a proposed project.

An application for a Certificate of Adequate Public Facilities that is not placed on the wait list pursuant to 22.26.020B but is denied under 22.26.020A may not be resubmitted by an applicant until after six (6) months from the date of denial.

Mitigation

An applicant whose proposed project is subject to denial or delay under this title shall be given an opportunity to provide infrastructure funds, to improve facilities directly, or to donate necessary facilities in order to allow for approval of the applicant's application under this title for a Certificate for Adequate Public Facilities.

The forms and levels of mitigation required of an applicant shall be roughly proportionate to the projected impact of the proposed project upon the facility or facilities and shall be determined by the Director of Planning and Zoning in consultation with the other departments responsible for the applicable facilities as outlined in 22.28.010.

Mitigation consists of the construction or funding of improvements to onsite or offsite public facilities by an applicant that increase capacity or safety on each public facility that is below the minimum standard so that the capacity or safety of the facility after mitigation will be equal to or greater than if the proposed project had not been developed.

To determine the appropriate forms and levels of mitigation, an applicant shall consult with the department responsible for review and assessment of each facility that would be deemed inadequate. Once the applicant and the department agree upon the forms and levels of mitigation that will offset the impact of the project upon the facility, the applicant shall enter into a mitigation plan on terms and conditions acceptable to the Department of Planning and Zoning in consultation with the Office of the City Attorney. The mitigation plan shall require the applicant to provide the mitigation agreed upon and in return the Department of Planning and Zoning shall determine that the facility or facilities will be adequate for the project.

If a department finds that a facility is or would be inadequate as a result of more than one proposed project, the department may apportion the responsibility and cost of mitigation among all contributing projects, which apportionment shall be reflected in the applicable mitigation plans.

Each mitigation plan shall be approved by the Director of Planning and Zoning as well as the department responsible for the facility for which the mitigation plan approval is sought. If a facility would be inadequate for a project, and if the project and the applicant are unable to agree upon acceptable forms and levels of mitigation for the facility such that no mitigation plan is entered into by the applicant, the department shall determine that the facility is inadequate to support the project and shall forward a written copy of such findings and explanation to the Director of Planning and Zoning.

Timing of Certification

Expiration:

A. A Certificate of Adequate Public Facilities shall expire at the end of five years from the date of issuance, unless:

  • The applicant has recorded a plat or plats for the proposed project; or
  • The applicant has obtained a building permit for any part of the proposed project.

B. If a Certificate of Adequate Public Facilities expires, a new application for a Certificate of Adequate Public Facilities shall be required for the proposed project. Upon new application, the facilities existing or planned at the time of the new application shall control.

Extensions:

A. A request to extend the time of expiration of a Certificate of Adequate Public Facilities shall be submitted to the Director of Planning and Zoning prior to the expiration of the original approval.

B. A Certificate of Adequate Public Facilities shall be extended by the Planning and Zoning Director for up to two five-year periods from the expiration of the original approval or any extended approval only upon a showing of good cause and provided that the intervening approvals of Certificates of Adequate Public Facilities for other proposed projects took into consideration the proposed project’s impact on facilities, as required by Section 22.10.010C.

Recertification:

  1. An application for a Certificate of Adequate Public Facilities that had been previously approved but had expired with regard to a proposed project shall be submitted to the Director of Planning and Zoning.
  2. The application shall be based upon updated materials and analyses of all applicable facilities and standards under this title.
  3. The materials and analyses shall include an evaluation of the development or remaining development scheduled to be completed as part of the proposed project as compared to any infrastructure that has already been provided for the project.
  4. If the materials and analyses indicate that one or more facilities will not be adequate for the proposed project, the applicant shall proceed in accordance with the requirements of Chapter 22.28.

An appeal from the decision of the Director of Planning and Zoning to approve or deny an application for a Certificate of Adequate Public Facilities shall be made to the Board of Appeals in conformance with the provisions of Title 21, Chapter 21.30.

An appeal shall stay all proceedings in furtherance of the action appealed.