Before any subdivision plan or site plan receives final approval, the Commission shall require that all public facilities which will be affected by the subdivision plan or site plan are adequate at the time of approval or will become adequate in the near future. The Commission shall incorporate all conditions included herein and may impose any other conditions on the subdivision plan or site plan to ensure that the Town has the ability to provide for itself or to receive from the appropriate authority or governing body any and all improvements, facilities and/or special services that are essential to the health, safety, general welfare, environment and quality of life in the Town. Whenever any one or a combination of these conditions are not met or facilities are deemed inadequate by the state, county, Town, or its hired agent, the Commission shall deny or defer the approval of the plan until such time as the conditions are met or the inadequacies are provided for or assured.
A. Concept plans. Before any concept plan is given approval, the Commission must consider the following and inform the developer:
(1) Whether the proposed subdivision will create or add to an inadequacy of any public school expected to serve the proposed subdivision;
(2) Whether the proposed subdivision will create or add to an inadequacy to any street, street section or intersection;
(3) Whether the proposed subdivision will create or add to an inadequacy in fire or police protection, emergency services or recreation facilities;
(4) Whether adequate sewerage facilities exist for the proposed subdivision;
(5) Requirements of the Town Code for provision of potable water must be made known to the developer.
B. Preliminary plans. Before giving preliminary plan approval, the Commission must receive written certification for the following, verifying that the proposed subdivision meets or will meet all requirements for adequacy. The Commission shall deny or defer approval of the plan if any one or more of the following conditions cannot be met:
(1) Public schools.
(a) The Commission shall certify the adequacy of all public schools that will serve the proposed subdivision. Adequacy information shall be obtained from the Board of Education. The following definitions shall be used in determining inadequacy.
[1] Approaching inadequacy:
[a] Elementary schools: 110% to 119% of state-rated capacity.
[b] Middle schools: 110% to 119% of functional capacity.
[c] Secondary schools: 110% to 119% of state-rated capacity.
[2] Inadequate:
[a] Elementary schools: equal to or greater than 120% of state-rated capacity.
[b] Middle schools: equal to or greater than 120% of functional capacity.
[c] Secondary schools: equal to or greater than 120% of state-rated capacity.
(b) The Commission shall deny preliminary approval of the proposed subdivision if a school is deemed inadequate, unless there is a school construction or expansion project that will eliminate the inadequacy projected to be funded within three years of preliminary approval according to the most recently adopted Capital Improvements Program (CIP) of Carroll County.
(2) The Commission shall require that all streets and intersections that are to serve the proposed subdivision be certified as to their adequacy by a licensed firm hired by the Town with the costs borne by the developer. The Commission shall designate the area that must be certified within 60 days of concept plan approval. The Commission shall also require county certification if a county road is in the designated area. If any street or intersection is deemed to be inadequate, the Commission must receive reasonable assurance that a solution to the inadequacy will be implemented within four years of the date of preliminary plan approval. The firm providing the certification for the Town shall utilize the methodology found in the current edition of the highway capacity manual for the rating of all streets and street sections. The firm shall utilize the methodology of critical lane analysis in the rating of all intersections. Ratings of A, B, C or D will be deemed adequate. A rating of E or F will be deemed inadequate.
(3) The proposed subdivision shall be certified by the County Fire Protection Engineer and the Chief of the Manchester Volunteer Fire Department as to the Manchester Fire Department ability to adequately access the proposed subdivision and to adequately respond and provide the necessary fire protection and emergency services.
(4) The Town of Manchester Police Chief shall certify as to the ability of the Police Department to provide adequate police protection. A ratio of one officer to every 1,000 citizens shall be deemed adequate.
(5) The Town of Manchester Public Works Director shall certify as to the Town ability to provide the sewerage capacity necessary for the proposed subdivision.
(6) The Commission shall require that all proposed subdivisions comply with water requirements according to the regulations of the Code of the Town of Manchester.
(7) No project may be approved by the Commission if a public facility or service is inadequate or projected to be inadequate during the current CIP, unless a relief facility is planned to address the inadequacy or the developer provides mitigation acceptable to the Town.
C. Final plans. Before granting final plan approval, the Commission must receive written certification for the following, verifying that the proposed subdivision meets or will meet all adequate conditions. The Commission shall deny or defer approval of the plan if any one or more of the following conditions cannot be met:
(1) Public schools.
(a) The Commission shall recertify the adequacy of all public schools that will serve the proposed subdivision. The latest available adequacy information shall be obtained from the Board of Education. The following definitions shall be used in determining in adequacy:
[1] Approaching inadequacy:
[a] Elementary schools: 110% to 119% of state-rated capacity.
[b] Middle schools: 110% to 119% of functional capacity.
[c] Secondary schools: 110% to 119% of state-rated capacity.
[2] Inadequate:
[a] Elementary schools: equal to or greater than 120% of state-rated capacity.
[b] Middle schools: equal to or greater than 120% of functional capacity.
[c] Secondary schools: equal to or greater than 120% of state-rated capacity.
(b) If a school is deemed at this stage of review as approaching inadequacy the Commission may decrease the number of lots to be approved or limit the number of permits to be issued per year. This provision may be applied when enrollment projections indicate the school will become inadequate during the course of the development of the subdivision and there is no school project forecasted in the latest Capital Improvements Program of Carroll County that will eliminate the projected inadequacy. The Commission shall deny final approval of the proposed subdivision if a school is deemed to be inadequate, unless there is a school project slated in the latest Capital Improvements Program of Carroll County that will eliminate the inadequacy and is funded for construction to begin within two years of final approval. If, after final plat approval is granted, the CIP and/or the funding and construction schedule changes or any inadequacy in facilities required to construct any required relief facility exists, the Town of Manchester reserves the right to modify or reduce the number of building permits to be issued for the project, at its sole discretion.
(2) All proposed subdivisions must meet water requirements according to the Code of the Town of Manchester and, if applicable, wells must be certified by the Maryland Department of the Environment as to both the quantity and quality as set forth in that Department's regulations.
(3) The Commission shall require that all streets, street sections and intersections that were in the area designated in the previous approval process be recertified for adequacy according to the procedure outlined in Subsection
B(2) hereof. If any street, street section or intersection is certified as inadequate, the Commission must be assured that a solution will be in place within three years of the date of final approval. If an inadequacy exists, the Commission may decrease the number of lots to be approved, limit the number of permits to be issued per year, or deny final approval of the plan.
D. Deferred or denied projects.
(1) When a project has been denied or deferred due to a certified inadequacy of a facility, that project shall be assigned a place in a queue and further processing of the plan shall be deferred until the inadequacy is remedied or projected to be remedied in accordance with conditions listed elsewhere in this section.
(2) Any project placed in a queue shall not be subject to the timeline limitations of §§
200-2B or
200-13. However, if no remedies for the inadequacy are in place within four years, any approvals shall be null and void and the plan must be resubmitted. Any plan resubmitted shall be subject to the regulations in force at the time of resubmittal.
E. Exceptions. The Commission may, in its discretion, recommend to the Manchester Mayor and Council that an exemption from an adequate facility requirement be made. If a recommendation for such an exemption is made by the Commission, the approval or disapproval of a proposed subdivision plan will be deferred until such time as the Council makes a determination. The Council shall hold a hearing promptly after the recommendation and shall render a decision at the next Council meeting following the hearing. If the Council grants the exemption, the Commission shall approve the plan. If the Council grants the exemption with conditions, the Commission can approve or disapprove the plan at its discretion. If the Council denies the exemption, the Commission shall disapprove the plan.
F. Applicability. The provisions of §
200-8 of the Code of the Town of Manchester shall be applicable to all subdivisions or phases thereof which were pending but which had not received final approval, or were not the subject of a fully executed public works agreement specifically referencing that phase(s), prior to February 11, 2003. Subsequent extensions, supplements, amendments, or other modifications to such public works agreements shall not change or otherwise affect the applicable date of execution.