Nonresidential subdivision preliminary plats and site plans
shall not be approved unless adequate public facilities are available
to serve the development based on the standards set forth in this
section:
A.
Sewerage. All approval of nonresidential preliminary subdivision plans and site plans for development shall be subject to determination of adequate sewerage capacity in accordance with this Subsection A.
(1)
The following current and anticipated demands on the sewerage system
shall be evaluated to determine adequacy of the system:
(a)
Demands on the system generated or projected to be generated
by existing connections;
(b)
Buildings under construction that will be connected to the system;
(c)
All committed allocations evidenced by payment of area charges
and connection fees;
(d)
All unexpired public works utility agreements;
(e)
All unexpired preliminary plans; and
(f)
Properties that are anticipated to connect to the system on
completion of a capital project then under construction or for which
funding has been authorized, right-of-way acquisition completed, and
construction plans completed.
(2)
Taking into consideration demands on the system identified in Subsection A(1), the following components of the sewerage system must be determined to be adequate:
(a)
Collector system to serve the proposed development is designed
to accommodate expected ultimate peak gravity flows from the development
and other developable land within the drainage area;
(b)
Interceptors to serve the proposed development have sufficient
available capacity to accommodate expected peak gravity flows from
the development and other developable land within the drainage area;
and
[Amended 9-28-2020 by Ord. No. 20-O-11]
(c)
Pumping stations and force mains receiving flows from the collector
system in the drainage/service area have sufficient available capacity
to accommodate ultimate peak flows from the proposed development and
other developable land within the drainage area; and
(d)
Pumping stations and force mains, receiving flows from interceptors
to serve the proposed development, have sufficient available capacity
to accommodate expected peak flow from the proposed development and
other developable land within the drainage area; and
[Amended 9-28-2020 by Ord. No. 20-O-11]
(e)
Treatment plant(s) have sufficient available capacity to accommodate
expected annual average and maximum daily loadings from the proposed
development and other developable land within the drainage area.
[Amended 9-28-2020 by Ord. No. 20-O-11]
(f)
The determination of whether a collector system, interceptor, treatment plant, pumping station or force main described in Subsection A(2)(a) through (e) of this section has sufficient available capacity shall be made after deducting from existing capacity any portion of that capacity that was created by the City or previous development in the service area over the previous 10 years,
[Added 6-7-2021 by Ord. No. 21-O-08]
(3)
The City sewerage system shall also be considered adequate under
the following criteria:
(b)
If there is compliance with Subsection A(2)(e) of this section and the developer agrees to construct the improvements to the system to meet the requirements of Subsection A(2)(a), (b), (c), and (d) of this section, or the developer executes an agreement with the City for improvements to the system to meet the requirements of Subsection A(2)(a), (b), (c), and (d) of this section. Under either scenario, the developer will be responsible for the cost(s) of these improvements directly attributable to the impact produced by the development. If the developer agrees to execute an agreement with the City for the improvements to the system to meet the requirements of Subsection B(2)(a), (b), (c), and (d) of this section, the agreement shall provide for the developer's proportionate share of the cost of sewage system improvements as reasonably determined by the Department of Public Works.
[Amended 6-7-2021 by Ord. No. 21-O-08]
(4)
If the City sewerage system is found to be inadequate, then preliminary
subdivision plans, site plans and extensions of previously approved
preliminary subdivision plans shall not be approved.
(5)
Conditional review.
(a)
If Subsection A(2)(a), (b), (c), (d), or (e) of this section prevents approval or the extension of a previous approval of a preliminary subdivision plat or site plan, the Department of Planning and Community Development may proceed with conditional review of the plat or plan and place it on a waiting list arranged by date of City Council approval and, for previously approved plans, by date of the request for the extension.
(b)
Record plats, grading permits, and public works agreements for utilities or roads shall not be executed by the City until the proposed preliminary subdivision plan or site plan for the project is removed from the waiting list and approval or extension of the previous approval is granted. Removal from the waiting list shall occur only when the condition that prevented approval under Subsection A(2)(a), (b), (c), (d), or (e) of this section no longer exist(s).
(6)
Grandfathering.
(a)
Unless an extension of the approval of the preliminary plat
or site plan is granted in accordance with the City's Development
Code, development conducted in accordance with a preliminary plat
or site plan approved before the effective date of this chapter is
exempt from the provisions of this subsection concerning the adequacy
of the sewerage system.
(b)
If an extension of the approval of the preliminary plat or site
plan is granted, the development shall be subject to the provisions
of this subsection concerning the adequacy of the sewerage system.
(c)
If development is exempt from the provisions of this subsection
concerning the adequacy of the sewerage system, execution of public
works agreements for such development is subject to availability of
capacity in the sewerage system at the time of preparation of the
public works agreements.
B.
Water. All approval of nonresidential preliminary subdivision plans and site plans for development shall be subject to determination of adequate water capacity in accordance with this Subsection B.
(1)
The following current and anticipated demands on the water system
shall be evaluated to determine adequacy of the system:
(a)
Demands on the system generated or projected to be generated
by existing connections;
(b)
Buildings under construction that will be connected to the system;
(c)
All committed allocations evidenced by payment of area charges
and connection fees;
(d)
All unexpired public works utility agreements;
(e)
All unexpired preliminary plans; and
(f)
Properties that are anticipated to connect to the system on
completion of a capital project then under construction or for which
funding has been authorized, right-of-way acquisition completed, and
construction plans completed.
(2)
Taking into consideration proposed demands on the system identified in Subsection B(1), the following components of the water system must be determined to be adequate:
[Amended 9-28-2020 by Ord. No. 20-O-11]
(a)
The water distribution system is capable of providing the required
pressures and flows during the maximum day demand and the minimum
required pressures for fire flows, resulting from the proposed development
and other developable land within the drainage area, as established
in the City's water and sewer design guidelines; and
(b)
Booster stations and/or transmission mains in the service area
have sufficient available capacity to provide maximum day demand and
minimum required pressure for fire flow to the proposed development
and other developable land within the drainage area; and
(c)
Storage tanks in the service area have sufficient available
capacity to provide peak hour demand in addition to fire flow to the
proposed development and other developable land within the drainage
area; and
(d)
Source and treatment facilities in the service area have sufficient
available capacity to provide maximum day demand to the proposed development
and other developable land within the drainage area.
(e)
The determination of whether a distribution system, booster station and/or transmission main, storage tank, or source and treatment facility described in Subsection B(2)(a) through (d) of this section has sufficient available capacity shall be made after deducting from existing capacity any portion of that capacity that was created by the City or previous development in the service area over the previous 10 years.
[Added 6-7-2021 by Ord. No. 21-O-08]
(3)
The City water system shall also be considered adequate under the
following circumstances:
(b)
If there is compliance with Subsection B(2)(c) and (d) of this section and the developer agrees to construct the improvements to the system to meet the requirements of Subsection B(2)(a) and (b) of this section, or the developer executes an agreement with the City for improvements to the system to meet the requirements of Subsection B(2)(a) and (b) of this section. If the developer agrees to execute an agreement with the City for the improvements to the system to meet the requirements of Subsection B(2)(a) and (b) of this section, the agreement shall provide for the developer's proportionate share of the cost of water system improvements as reasonably determined by the Department of Public Works.
[Amended 6-7-2021 by Ord. No. 21-O-08]
(4)
If the water system serving the proposed development is found to
be inadequate, then preliminary subdivision plats, site plans, and
extensions of previously approved preliminary subdivision plats and
site plans shall not be approved.
(5)
Conditional review.
(a)
If Subsection B(2)(a), (b), (c), or (d) of this section prevents approval or the extension of a previous approval of a preliminary plat or site plan, the Department of Planning and Community Development may proceed with conditional review of the plat or plan and place it on a waiting list arranged by date of City Council approval and, for previously approved plans, by date of the request for extension.
(b)
Record plats, grading permits, and public works agreements for utilities or roads shall not be executed by the City until the plan for the project is removed from the waiting list and preliminary approval or extension of the previous approval is granted. Removal from the waiting list shall occur only when the condition that prevented approval under Subsection B(2)(a), (b), (c), or (d) of this section no longer exists.
(6)
Grandfathering.
(a)
Unless an extension of the approval of a preliminary plat or
site plan is granted in accordance with the City's Development Code,
development conducted in accordance with a preliminary plat or site
plan approved before the effective date of this chapter is exempt
from the provisions of this subsection concerning the adequacy of
the water system.
(b)
If an extension of the approval of the preliminary plat or site
plan is granted, the development shall be subject to the provisions
of this subsection concerning the adequacy of the water system.
(c)
If development is exempt from the provisions of this subsection
concerning the adequacy of the water system, execution of public works
agreements for such development is subject to availability of capacity
in the water systems at the time of preparation for the public works
agreements.
C.
Roads. All approval of nonresidential preliminary subdivision plans and site plans for development shall be subject to determination of adequacy of road intersections in accordance with this Subsection C.
(1)
Traffic impact analysis (TIA).
(a)
The developers of any project projected to generate 25 new peak-hour
trips or 249 trips per day using the latest version of the ITE Trip
Generation Manual are required to submit a TIA to determine the level
of service (LOS) of road intersections within the study area. If a
development will generate fewer than 25 new peak-hour trips or 249
total trips per day, or if the LOS of an affected intersection is
graded "E" or "F," the City may, at its discretion, require a TIA.
(b)
The City will select the traffic consultant to perform the TIA
and the developer shall pay in advance all costs before the City will
order the preparation of the TIA. The developer shall be responsible
for any costs incurred by the City and traffic consultant due to any
changes in project scope that occur during the development of the
TIA.
[Amended 5-20-2024 by Ord. No. 24-O-09]
(c)
The TIA shall be prepared, signed, and sealed by a traffic engineer,
or a civil engineer licensed in the State of Maryland who is qualified
to practice traffic engineering.
(2)
Minimum requirements for a TIA and intersection adequacy.
(a)
Trip generation projections shall be determined by utilizing
methods set forth in the latest version of the ITE Trip Generation
Manual.
(b)
The minimum acceptable level of service in nonresidential districts
shall be "D."
(c)
The study area shall be determined by City staff, who shall
consider the following when determining the parameters of the study
area and the requirements and sufficiency of the TIA:
[1]
Study area.
[a]
The typical study area for a TIA shall consist
of a minimum area encompassed by a radius of 1/4 mile from the site
to be developed, and shall include collector or higher-functioning
classification road intersections from all approaches to the site
as specified in the current edition of the City of Aberdeen's Comprehensive
Plan. This area may include intersections which are subject to the
jurisdiction of the SHA or Harford County. Coordination with these
government agencies may be required.
[b]
If the one-fourth-mile radius does not include
a collector or higher-functioning classification road intersection,
the City may require the inclusion of the nearest collector or higher-functioning
classification road intersection as part of the study area.
[2]
Design year. The design year shall be the projected date of
completion of the project as outlined in the public works agreement
for that project.
[3]
Trip generation requirements for nonresidential project TIAs.
[a]
Existing traffic counts shall be conducted within
a twelve-month period of the submittal date of the TIA. Traffic counts
should be taken on a Tuesday, Wednesday, or Thursday, not following
a holiday unless approved by the City. If a school is located within
the TIA study limits, traffic counts must be taken while school is
in session.
[b]
Trip generation for each land use shall be obtained
by utilizing the current edition of the ITE Trip Generation Manual.
The land use code in the Manual shall be indicated for each category.
Where a land use is not recognized within the ITE Manual or where
local conditions indicate fewer trips than projected by the ITE standard
for a particular land use, local trip rates may be developed; however,
the data must be submitted to the City with supporting documentation
prior to approval of the rates.
[c]
For developments generating peak trip numbers on
weekends, the City may require the TIA to include traffic counts on
either Saturday or Sunday (depending upon which day best reflects
the proposed land use's peak operation), and the TIA shall include
a traffic report for a single peak hour. Operational analyses may
be required as well. Passby and diverted trip reduction factors may
be considered for certain uses if City staff permits.
[4]
Trip distribution and assignment.
[a]
Any of the following methodologies may be acceptable
for the purpose of determining trip distribution in a TIA:
[b]
Gravity model. This technique may require calibration
prior to its use if utilizing an old gravity model for the study area.
[c]
Utilization of demographic data.
[d]
Current directional distribution. (NOTE: This may
be unacceptable if the directional distribution will change before
the design year to future changes in the land use or transportation
system improvements.)
[e]
City staff shall approve the methodology to be
used in the study.
[5]
Capacity analysis in a TIA.
[a]
Capacity analyses shall be performed for all intersections,
roadways, ramps, weaving sections, internal circulation, and access
points. The analysis shall be in accordance with the latest published
version of the Highway Capacity Manual (HCM). Other types of capacity
analysis may be requested, such as critical lane, depending on requirements
of other jurisdictions with road systems within the City. It may also
be necessary to complete traffic progression analysis, utilizing such
programs as the HCM or Synchro. Queuing analyses may be required to
determine both on- and off-site situations where queuing could impact
the roadway/internal site operation. The SHA has established acceptable
cycle lengths. (See chart below.) However, actual field-documented
cycle lengths may be used if approved by staff.
|
Level of Service
|
2 Phases
|
3 to 5 Phases
|
6 to 8 Phases
| |
|---|---|---|---|---|
|
A
|
90
|
100
|
120
| |
|
B
|
90
|
100
|
120
| |
|
C
|
100
|
120
|
135
| |
|
D
|
120
|
135
|
150
| |
|
E
|
135
|
150
|
165
| |
|
F
|
150
|
165
|
180
|
[b]
Unsignalized intersections not meeting the adopted level of service established in Subsection C(2)(b) shall be required to complete a traffic signal warrant analysis. Unsignalized intersections will be evaluated based on the level of service on the minor approaches to the intersection. Accident history of the intersection shall be considered as well.
[c]
When analyzing background and future conditions,
only capital projects with one-hundred-percent funding may be utilized.
Other road improvements associated with other developments that have
approved plans and an executed public works agreement or SHA highway
access permit(s) may be utilized as well.
[6]
Peak-hour observations. The City may require peak-hour observations
performed by a qualified traffic engineer in a TIA. The observation
shall be conducted at the direction of the City to address specific
operational issues related to the proposed project. The specific traffic
concerns of the City will be presented at the preliminary plan meeting.
Documentation of the observations shall be included in the TIA, along
with recommendations to address traffic deficiencies.
[7]
Recommendations. If any intersection within the study area has any of the failing conditions listed in Subsection C(2)(b) or C(2)(c)[5][a], the TIA shall recommend mitigating improvements. The improvements shall be described in the TIA and should include a basic concept plan that illustrates the recommended improvements. The recommended improvements should be achievable utilizing the latest AASHTO, SHA, or Harford County guidelines. A TIA without specific recommendations to mitigate negative impacts shall not be considered complete. If recommended improvements are approved by the City, the developer shall implement the recommendations in the TIA at the developer's sole expense.
[a]
If the TIA determines the existing LOS does not
meet the minimum requirements in the study area, the developer need
only mitigate the portion of traffic impact generated by the development
to ensure that post-development traffic conditions are no worse than
predevelopment levels.
[b]
If the TIA determines a developer is subject to
mitigate its portion of trips generated from the site, the developer
shall construct the improvements as stipulated by the Department of
Public Works. In the event the Department of Public Works determines
the developer is unable to provide the improvements because of the
inability to acquire the necessary rights-of-way, the physical constraints
of the property, or state or federal regulations, the developer, prior
to issuance of the first building permit, shall deposit into an escrow
account with the City 125% of the funds necessary to cover the costs
of the improvements as determined by the City. The City shall continue
to hold the money in escrow until such time as the improvements are
able to be constructed. In no event, however, shall the money be retained
by the City for longer than 10 years from date of deposit. At the
conclusion of the 10 years, the existing owner of record may request
a refund. If such a request is not made within 365 calendar days of
the conclusion of the 10 years, the escrowed money shall revert to
the City of Aberdeen for use in improvement of roads and related structures
within the City's right-of-way.
(3)
Conditional review.
(a)
If the requirements of this subsection prevent approval or the
extension of a previous approval of a preliminary subdivision plat
or site plan, the Department of Planning and Community Development
may proceed with conditional review of the preliminary plat or site
plan and place it on a waiting list arranged by date of City Council
approval and, for previously approved plans, by date of the request
for extension.
(b)
Record plats, grading permits, and public works agreements for
utilities or roads shall not be executed by the City until the project
is removed from the waiting list and preliminary subdivision plat
or site plan approval or extension is granted. Removal from the waiting
list shall occur only when the condition that prevented approval under
condition of this subsection no longer exists.
(4)
Grandfathering.
(a)
Unless an extension of the approval of the preliminary subdivision
plat or site plan is granted in accordance with the City's Development
Code, development conducted in accordance with a preliminary plat
or site plan approved before the effective date of this chapter is
exempt from the provisions of this subsection concerning the adequacy
of the roadways.
(b)
If an extension of the approval of the preliminary plat or site
plan is granted, the development shall be subject to the provisions
of this subsection concerning the adequacy of the roadways.
