Schools

 22.25.010 - Responsibility.

The Director of Planning and Zoning shall be responsible for review and assessment of a proposed project with regard to the adequacy of school facilities. 

22.25.020 - Goal.

The goal of reviewing and assessing adequate school facilities is to ensure that the proposed project is served by public schools that do not exceed capacity as described in Section 22.25.040. 

22.25.030 - Exemptions.

The following are exempt from the requirements of this chapter:

• A non-residential project;
• A residential development where fewer than six dwelling units are proposed;
• An institution for the care of the aged;
• A proposed project in the Arts and Entertainment District (PDF);
• A proposed project in the Main Street Maryland District (PDF);
• A proposed project that is an age-restricted residential project*; 
• A proposed project that has received a certificate of adequate public facilities prior to the effective date of ordinance 8-18
• A low-income housing project**
• Efficiencies and one-bedroom dwelling units.

*"Age-restricted residential project" means any other housing that is either:

• Provided under any state or federal program that the secretary of housing and urban development determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or
• Intended for, and solely occupied by, persons 62 years of age or older; or
• Intended and operated for occupancy by persons 55 years of age or older, and-
  • At least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older; and
  • The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and
  • The housing facility or community complies with rules issued by the secretary of housing and urban development for verification of occupancy, which shall-
    • Provide for verification by reliable surveys and affidavits; and
    • Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of subparagraph 2. Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.
• The age restriction shall be noted on the plat and recorded in the land records for Anne Arundel County

**Properties developed pursuant to Title 42, Chapter 8 of the United States Code Low Income Housing Program, or Section 42 of the Internal Revenue Code Low Income Housing Tax Credit Program, as long as school pupil generation factors yield per unit contained in the Anne Arundel County Educational Facilities Master Plan, is currently or projected to be under 120% capacity for any individual school serving the area to be developed.

22.25.040 - Standards.

A.  The creation of a school utilization chart in accordance with paragraph D. of this section, shall occur on January 1 and July 1 of each year. The Director of Planning and Zoning shall prepare a school utilization chart for use on both of these dates each year.

B.  Testing for adequate school capacities is prepared by the Director of Planning and Zoning and is based on the school utilization chart, as described in paragraph D. below.

C.  Notwithstanding the definition of "proposed project" in Section 22.04.010, residential developments exceeding five dwelling units shall not be approved at locations where:

1. The enrollment at the elementary and middle schools that serve the site, including enrollment at the elementary and middle schools from the proposed development and the number of elementary and middle schools students expected to attend based on the school pupil generation factors yield per unit contained in the Anne Arundel County Educational Facilities Master Plan, is currently or projected to be equal to or greater than one hundred percent of the state rated capacity within three years, except that students who do not reside in the feeder system are excluded from the calculation; and
2. The enrollment at the high school that serves the site, including enrollment at the high school from the proposed development and the number of high school students expected to attend based on the school pupil generation factors yield per unit contained in the Anne Arundel County Educational Facilities Master Plan, is currently or projected to be equal to or greater than one hundred percent of the state rated capacity within three years, except that students who do not reside in the feeder system are excluded from the calculation.

D.  Except as otherwise provided in this chapter, the school capacity used in the school utilization chart shall include the following and shall not vary in substance from the information included in the Anne Arundel County Educational Facilities Master Plan, unless the variation is confirmed in writing by the Superintendent of the School Board, or the Superintendent’s designee, or approved by resolution of the City Council:

1.  The existing capacity of the school based on the program requirements of the Anne Arundel County Board of Education; and

2.  Enrollment as of September 30; and

3.  Projected enrollment for the subsequent three years as provided by Anne Arundel County Schools; and

4.  Any applicable future capacity if:

a. A contract for construction of the school or an addition to the school necessary to achieve the future capacity has been awarded; and

b. The Board of Education estimates that the construction will be completed in time to be used for the beginning of classes in the school year in which the future capacity is included in the school utilization chart; and

c. The capacity does not include capacity based on temporary or relocatable structures. 

22.25.050 - Conditional review process.

An applicant is not required to remain on the waiting list for consideration for more than six years and, at the end of six years, the applicant is entitled to approval of the development without regard to the adequacy of public facilities for schools. For the purposes of this chapter, the six-year period begins when the application for a certificate of adequate public facilities and corresponding application under Title 21 of the City Code is deemed complete by the Director of Planning and Zoning. Within fourteen days of the date when they are deemed complete, the Director of Planning and Zoning shall notify the applicant in writing of whether the application has been deemed complete for the purposes of this chapter. If the application is not deemed complete, the Director shall specify to the applicant any additional information needed to complete the application. The Director may extend the deadline for notification for an additional fourteen days as needed with written notice to the applicant.

22.28 Mitigation

2.28.010 - Opportunity to mitigate.

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 Section 22.28.010.

For a school facility, mitigation consists of the construction or funding of improvements by a developer that increase capacity of the school facility which, at the time of application, is below the minimum standard in the impact area so that the capacity of the facility in the scheduled completion year is equal to, or greater than, it would have been had the development not been constructed. A mitigation plan with physical improvements may be secured by bond

22.28.020- Process.

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 Law. 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.