[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No.
94-100; 7-6-1999 by Ord. No. 99-74]
The purpose of adequate public facilities review is to:
A.
Require developers to provide new, additional or upgrades of existing
public facilities that are necessary to address the impact on public
facilities from their project, when the existing and planned County
facilities will not provide or maintain an adequate level of service;
B.
Assure that proposed development will not adversely affect the public
health, safety and welfare; and
C.
Encourage new development to occur in areas of the County where public
facilities are being provided and which are designated in the Comprehensive
Plan.
A.
No preliminary plan for a subdivision, or major site plan required
for a zoning permit that requires mitigation, shall be approved unless
the Planning Commission first determines that the proposed subdivision
or development will not adversely affect the adequacy of public facilities
serving the area, project or development.
[Amended 10-4-2022 by Bill No. 2022-06]
B.
For roads and water supply system, this article does not apply to
minor residential subdivisions and nonresidential developments or
redevelopments containing less than 1,200 square feet of floor area.
[Amended 10-4-2022 by Bill No. 2022-06]
C.
For school facilities, this article applies to all except residential
development which is restricted by deed for the residency of individuals
age 55 years or older and further restricted by deed to exclude school-age
children from permanently residing on the property.
A.
The traffic generated by a proposed development shall not reduce
the level of service (LOS) at intersections or along roads below the
standards established in this section.
B.
This section does not apply to those projects including either developments
or redevelopments which generate fewer than 35 peak-hour trips per
day.
[Amended 10-4-2022 by Bill No. 2022-06]
C.
Roads shall be considered adequate to accommodate the projected traffic
to be generated by the proposed development if:
(1)
Roads serving the project are or will be capable of accommodating
existing traffic, traffic projected to be generated from developments
for which plats and plans have been approved and traffic projected
to be generated from the proposed development at an adequate level
of service, as set forth below, for a specified design year as established
by the Commission. Service levels shall at all intersections in the
immediate vicinity of the project, as designated by the Planning Director,
be defined by the Critical Lane Methodology or current edition of
the Highway Capacity Manual published by the Transportation Research
Board; or
[Amended 10-4-2022 by Bill No. 2022-06]
(2)
The County, state or one of the incorporated towns has programmed for construction in a capital improvements plan or similar plan, additional roads or road improvements necessary, in combination with existing roads and intersections, to comply with the standards specified in Subsection C(1). The programmed improvements must be scheduled to be completed at the time the proposed development will generate new trips.
D.
Levels of service.
[Amended 4-13-2010 by Bill No. 2010-02; 10-4-2022 by Bill No. 2022-06]
(1)
The established minimum level of service (LOS) for roads and intersections is located in Appendix B of the Charles County Adequate Public Facilities Manual.[1]
[1]
Editor's Note: Said manual is on file in the County offices.
(2)
If the existing LOS of the affected road or street is less than the standard located in Appendix B of the Charles County Adequate Public Facilities Manual, then the transportation facility will be considered inadequate if the proposed development degrades the facility by more than a factor of 0.01 based on the volume-to-capacity ratio.
(a)
To meet the Level of Service, mitigation shall be applied to
the facility(ies) by the developer. Alternate types of transportation
improvements, in lieu of roadway improvements may be considered if
circumstances deem that improvements will be infeasible. Alternate
types of transportation improvements shall include construction of
or fee-in-lieu contributions to off-street public parking, road grid
network development, transit facilities, or streetscape improvements.
E.
The determination of the rating of a road under Subsection C above shall consider the effects of existing traffic, traffic projected to be generated from developments in the area or vicinity or immediate area or facility as designated by the Zoning Officer for which final plats and plans have been approved, increases in through traffic and all traffic projected to be generated from the proposed development for a specified design year.
F.
Prior to the submission of a preliminary subdivision plan, site plan,
or an application for a zoning permit, the applicant shall submit
a preliminary Adequate Public Facilities application (PAPF) which
indicates the development's anticipated trip generation rates, a list
of existing roads and intersections that will be impacted by traffic
to and from the development and a design year based upon anticipated
completion of the proposed project. The Planning Director shall review
the PAPF to determine if it satisfies the standards adopted by the
County Commissioners for the proposed development and shall add or
delete roads or intersections necessary to evaluate the impact of
the development.
[Amended 10-4-2022 by Bill No. 2022-06]
A.
This section applies to all residential developments except certain
residential developments known as retirement housing complexes and
certain residential developments in the following planned development
zones: the Planned Residential Development Zone (PRD); the Planned
Unit Development Zone (PUD); the Mixed-Use Development Zone (MX);
the Planned Manufactured Home Park (PMH); The Waterfront Planned Community
(WPC); or the Transit-Oriented Development Zone (TOD), as defined
in the Charles County Zoning Ordinance. In order to qualify for these
exemptions, the developments within these zones shall be restricted
by deed to the residency of at least one individual 55 years of age
or older and exclude permanent occupancy by anyone under the age of
21 and that also have further deed restrictions which shall include
each of the following:
[Amended 9-24-2001 by Ord. No. 01-80; 6-17-2003 by Bill No. 2003-04; 10-3-2005 by Bill No. 2005-18[1]]
(1)
No dwelling unit may be occupied by any individual under the
age of 21 for more than 30 days in any six-month period.
(2)
Each dwelling unit shall be occupied following its sale or lease
by at least one individual 55 years of age or older. Individuals aged
21 or older may reside in the development as long as they occupy a
dwelling unit with an individual aged 55 years or older, and will
be allowed to remain in the dwelling unit following the death, divorce
or incapacity of the individual aged 55 years or older as long as
the number of residences occupied by such households does not exceed
20% of the total occupied dwelling units within the development. No
new individuals aged 21 to 54 can move into the dwelling unit after
the death, divorce or incapacitation of the individual aged 55 years
or older.
(3)
In order to insure continuous compliance with the age restrictions,
each contract of sale or lease agreement for the varying housing types
within the development will require certification of the household
composition, i.e., the name and birth date of each resident. Each
household shall recertify its composition (i.e., the name and birth
date of each resident) on an annual basis. The entity with management
responsibilities or the homeowners' association for the development
shall submit, on an annual basis, to the Director of Planning and
Growth Management a letter certifying and documenting the composition
(i.e., the name and birth date of each resident) and compliance of
each household in the development.
(4)
The entity with management responsibilities or the homeowners'
association for the development shall be required to enforce the covenants
and shall be prohibited from electing to waive its enforcement rights
and obligations.
(5)
The Charles County Commissioners shall be designated as a beneficiary of the covenants based upon their agreement to exempt the development from the obligation to pay the fair share school construction excise tax or an impact fee for school capacity and for the sole purpose of empowering Charles County with the right to enforce the covenants. This designation shall not obligate Charles County to enforce the covenants. The damages incurred by Charles County in the event of the entity with management responsibilities or the homeowners' association's failure to enforce the covenants described in § 297-258A will include, but not be limited to, the amount of the fair share school construction excise tax or impact fee that would have been assessed for the entire development if the development had not been exempt from the fair share school construction excise tax or impact fee.
(6)
Once the age-restricted housing development has been approved
for exemption from the County's School Allocation Policy and the school
construction excise tax, the Department of Planning and Growth Management
shall notify the Charles County Board of Education of said exemption.
[1]
Editor's Note: The transition provisions of this bill provide:
"The adoption of this bill shall not invalidate any preliminary
plan for an age-restricted residential development that was approved
by the Planning Commission prior to the date of adoption of this bill,
provided that a final plat for said development shall be recorded
not later than one year from the effective date of this bill."
B.
No final plat for a residential subdivision or development services
permit for a residential site plan shall be approved until school
capacity allocation has been granted by the Director of Planning and
Growth Management. School capacity will be deemed adequate upon the
granting of a school capacity allocation. It is the intent of this
chapter that the capacity of public schools shall not be adversely
affected by residential development.
C.
The annual School Capacity Allocation Committee, composed of the
Charles County Commissioners and the Charles County Board of Education,
and/or their designated representatives, will meet and confer on the
appropriate allocations for the upcoming year prior to the approval
of allocations by the County Commissioners. This Committee will consider
the following factors, as well as any other information deemed pertinent,
in establishing the allocatable school capacity for the upcoming year:
[Amended 6-18-2008 by Bill No. 2008-08; 12-15-2020 by Bill No. 2020-06]
(1)
Current enrollments.
(2)
Projected enrollments.
(3)
Current capacities of individual schools.
(4)
Student yield for each dwelling type by school level.
(5)
Capacity to be provided by any current capital improvement program
CIP projects.
(6)
Additional capacity provided by the use of relocatable classrooms
within the Board of Education's relocatable classroom policy guidelines.
(7)
Current district boundaries for school attendance and redistricting
opportunities within the Board of Education's policy guidelines.
(8)
Residential development and growth within the incorporated towns
which will impact the enrollments at County schools.
(9)
Number of lots from minor subdivisions recorded in previous
year.
D.
When determining the amount of allocatable school capacity, allocation
may be made if school capacity currently exists, is programmed to
exist under the then applicable capital improvement projects program,
or if the development project qualifies for the grant of school capacity
allocations as a priority development project or has met the time
limit for the school allocation eligibility waiting list, in accordance
with the specifications contained in the Adequate Public Facilities
Manual.
[Amended 6-18-2008 by Bill No. 2008-08; 12-15-2020 by Bill No. 2020-06]
F.
The granting of school capacity allocations shall be in accordance
with the policies and procedures established in the Adequate Public
Facilities Manual adopted by the County Commissioners.
[Amended 6-18-2008 by Bill No. 2008-08]
(Reserved for future inclusion.)
No final plat for a residential subdivision or site plan for
commercial or industrial development requiring a groundwater appropriation
permit shall be approved until such permit is issued by the Water
Resources Administration of the State Department of Natural Resources.
It is the intent of this chapter that water supplies serving existing
residential, commercial and industrial users shall not be adversely
affected by the water use of new development.
[Added 9-2-2002 by Ord. No. 02-79]
A.
To address the fire suppression needs of the rural areas, this section
will meet the following objectives:
(1)
Establish a reliable and effective fire protection program in
the rural areas to address the impact of new development on fire suppression
capabilities.
(2)
Develop alternatives which will accomplish adequate fire suppression
in the rural areas with the cooperation of fire companies which serve
these areas.
(3)
Improve water supply for fire suppression in rural, nonhydrant
areas.
B.
This section applies to areas that are classified as properties having
a W6 water service category, as defined by the Comprehensive Water
and Sewer Plan. This section will apply to the creation of more than
five buildable lots after the adoption of this section and being part
of a major subdivision. No preliminary plan of such a residential
shall be approved unless the following criteria have been met:
(1)
An existing water source with all-weather access is available
within four round-trip miles driving distance. "All-weather access"
is defined as a location that provides access to water every day of
the year, that is capable of supporting the weight of a fully loaded
tanker and has sufficient room to allow a tanker to turn around. The
water source must be accessible to the fire department using no more
than 20 feet of hard sleeve. The existing water source must meet the
criteria established in the Adequate Public Facilities (APF) Manual.
(2)
If an existing water source is not available, then the applicant
must mitigate by providing a water source within four round-trip miles
driving distance of the proposed usable area of each new building
lot.
(4)
The developer may recover costs of improvements for rural fire
suppression through the reimbursements policy set forth in Section
5.7 of the Water and Sewer Ordinance. Those developers within the
service area of the rural fire suppression facility must participate
in the reimbursement, if required by the Water and Sewer Ordinance.
(Reserved for future inclusion.)
A.
An applicant shall submit an adequate public facilities study (APFS)
in conformance with the requirements of this article as part of preliminary
subdivision and zoning permit submissions.
B.
An APFS shall contain the following information:
(1)
Background information that describes the proposed development,
its location and the conditions of all surrounding public facilities
that are regulated by this article.
(2)
Project generation information that identifies the vehicle trips
and number of students generated by the project.
(3)
Analyses and identification of project impacts on public facilities
covered by this article.
(4)
Proposed mitigation program for impacts to public facilities.
C.
An APFS required for roads shall include a traffic impact study,
including traffic flow studies of the roads and intersections identified
in the preliminary analysis as approved by the Zoning Officer. The
traffic flow studies shall determine, at a minimum, existing traffic,
traffic projected to be generated from other proposed developments
for which site plan or preliminary plan approval have been granted,
projected increases in through traffic at the time of completion of
the proposed development and traffic projected to be generated from
the proposed development. The study shall comply with these standards
or TRB's standards for traffic impact studies. In addition, the APFS
shall propose improvements which will achieve the required level of
service.
D.
An APFS must address the impacts of a project that is to be developed
in phases.
E.
The Planning Commission shall review the adequate public facilities
study (APFS) and other information submitted by the applicant to determine
if the level of infrastructure exists or will exist to meet the standards
of the chapter and whether the approval of the proposed development
will be in the public interest.
Upon determination by the Planning Commission that public facilities
are not adequate, the Planning Commission may disapprove the project
or require mitigation from an applicant to assure that there exist
adequate levels of public facilities that are consistent with this
article.
A.
Mitigation by the developer is preferred, yet mitigation is not limited
to dedication of property to the County, payment of impact fees, fees
in lieu of an improvement payment to an escrow account, participation
in private/public partnerships, developer agreements, off-site improvements
or other mechanisms as may be determined by the Planning Commission.
The mitigation shall address the negatively affected geometric element
or any other transportation-related element because of the proposed
project. Any payment in lieu of construction shall be greater than
or equal to the estimated cost of the improvement.
[Amended 10-4-2022 by Bill No. 2022-06]
B.
The Planning Commission shall review and have final approval of the
proposed mitigation program of a proposed subdivision or development.
A mitigation program shall include the type(s) of mitigation, the
methods and schedules, including project phasing, if applicable, for
the implementation of the mitigation program.
C.
A mitigation program shall be contained in a legal, binding, adequate
public facilities agreement between the applicant and the County,
which has been approved for form and content by the County Attorney.
D.
A mitigation program shall run with the land. The deed or title for
a property shall contain references to the mitigation program.
E.
No mitigation shall be allowed for the lack of available school capacity.
A.
The Planning Commission shall require bonding or surety as appropriate
to cover the costs of the facilities and lands not under the applicant's
ownership that are part of a mitigation program.
B.
Upon default, the County has the authority to redeem the bonds or
surety in addition to any other remedy provided by law.
A.
The County Commissioners will establish specific standards, criteria
and procedures for use in determining the adequacy of public facilities
required to support and service any proposed subdivision or development.
Applicants shall comply with all specific criteria, standards and
procedures, as adopted.
B.
The County Commissioners shall hold a public hearing prior to the
adoption of additional specific standards, criteria and procedures
for adequate public facilities determinations to be undertaken as
part of this chapter. Such a hearing shall comply with the requirements
and procedures for the text amendments of this chapter.
C.
The County Commissioners shall consider revisions to adopted standards,
criteria and procedures for adequate public facilities studies on
at least a biannual basis.
D.
The County Commissioners will maintain an inventory of facilities
which do not meet the standards of this section and will update the
same on at least a biannual basis.
