[HISTORY: Adopted by the Mayor and City Council of the City
of Havre de Grace 9-8-2020 by Ord. No. 1040. Amendments noted where
applicable.]
This chapter shall be known and cited as the City of Havre de
Grace's Adequate Public Facilities Ordinance (APFO). The APFO shall
include the text, graphics and regulations, and any amendments thereto.
The purpose of this chapter is to ensure that adequate public
facilities have been provided for all new development projects as
defined by this chapter, and to define adequate public facilities
requirements that shall be addressed in those plans.
As used in this chapter, the following terms shall have the
meanings indicated:
Those facilities relating to schools, public roads, water
supply and distribution systems, and sewage disposal systems meeting
standards established in this chapter.
The City of Havre de Grace.
An entity (including but not limited to a person, business,
corporation, partnership, limited liability company, or unincorporated
association) responsible for the development of a piece of land.
A technical appraisal or study that identifies the impacts
of a new or expanded development on the public road system; identifies
potential traffic operational problems or concerns and recommends
appropriate actions to address such problems or concerns; and assists
in determining the degree of financial responsibility of the developer
in mitigating such impacts.
The ability to provide adequate water supply to a site considering
the number of housing or commercial units to be served and the water
treatment plant's ability to process the volume of water needed
for such site together with the City's ability to distribute
the water through existing distribution and transmission lines from
a public, off-site, or on-site source of supply in a manner consistent
with all applicable regulations and standards for water pressure (measured
by psi), including but not limited to the National Fire Protection
Association minimum standards for fire suppression and other state
and federal laws.
[Added 12-18-2023 by Ord. No. 1133]
A developer shall not avoid the intent and requirements of this
chapter by submitting piecemeal applications for preliminary subdivision
plans or site plan approvals. The Directors of the Departments of
Planning and Public Works will make final determination on this particular
matter, and whether a particular application will be subject to adequate
public facilities review where the Directors find an intent to avoid
the intent and requirements of this chapter. A developer may seek
approval of only a portion of the subdivision or development, provided
that the impact of all previously approved preliminary or site plans
from that development shall be considered during the adequate public
facilities review of each subsequent portion of the development.
Notwithstanding anything to the contrary contained in the City's
Subdivision Regulations,[1] it is hereby determined that nothing contained in this
section shall be subject to a variance, special exception or an appeal
to the Board of Appeals. An aggrieved party may appeal to the Director
of Administration in accordance with established procedures.
[1]
Editor's Note: See Ch. 273, Subdivision Regulations.
A.
Preliminary
subdivision plans 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. The Director of Public Works
may waive certain submission requirements for projects with minimal
impact to the water and sewer system or roads; such as minor subdivisions
of less than three lots and redevelopment projects that do not significantly
increase demand on the water and sewer system or roads.
B.
Approval
of a subdivision or site plan does not guarantee water or sewer capacity.
In a case where public facilities become inadequate following the
approval of a subdivision or site plan but prior to the issuance of
a permit, the Administration pursuant to the authority granted by
the City Charter and under the supervision of the Mayor, may deny
any and all permits pending a review of capacity needs. Anyone who
is denied a permit under this provision of the City Code may appeal
the Administration's decision to the City Council.
[Added 12-18-2023 by Ord. No. 1133]
A.
Annual growth
report.
(1)
A copy
of the approved Harford County Annual Growth Report, as referenced
in § 267-126A(3)(a) and § 267-126B(2)(b) of the
Harford County Development Regulations, will be submitted by the City's
Director of Planning to the Mayor and City Council in July of each
year. An amended version of the report will be submitted to the Mayor
and City Council in January of each year, incorporating amendments
to the annual growth report as adopted by the county.
(2)
The report,
as required by the Harford County Development Regulations, is prepared
by the Harford County Department of Planning and Zoning and includes
a specific analysis of the current and future utilization and capacity
of school facilities, including the following:
(a)
Full-time
enrollment for the schools serving the City of Havre de Grace as of
September 30, or as of any other official reporting date as set by
the State Board of Education or the County Board of Education;
(b)
Rated
capacity and utilization percentage of each pertinent school facility,
with capacity based on state-rated capacity;
(c)
One-year,
two-year and three-year enrollment projections for each pertinent
facility, including a description of the method of projecting enrollment
in each facility;
(d)
Pupil
yield factor by school level for each type of dwelling unit;
(e)
List
of approved capital projects for new or expanded school facilities
and the identified schools that will be relieved, including projected
enrollment and opening date;
(f)
School
district maps for each level of school facilities; and
(g)
Modified
enrollment projections for each district, which include planned units
remaining (recorded lots and units projected from approved preliminary
plans) and projected units from vacant land zoned for residential
purposes.
B.
Adequacy
standards (minimum acceptable level of service). Upon acceptance of
the annual growth report by the Mayor and City Council, all approvals
of residential single-family subdivision plans and site plans for
multifamily development shall be subject to findings of adequate school
capacity based on the standards set in this subsection and the current
and projected use level described in the annual growth report:
(1)
Preliminary
approval. Preliminary subdivision plans exceeding five lots and site
plans for multifamily residential developments exceeding five dwelling
units shall not be approved at locations where either of the following
conditions exist:
(a)
The
enrollment at the elementary school which then serves the site and
all abutting elementary school attendance areas is greater than 110%
of the rated capacity or is projected to be greater than 110% within
three years; or
(b)
The
enrollment of either the middle school or high school which serves
the site and all abutting respective middle and high school attendance
areas is greater than 110% of the rated capacity or is projected to
be greater than 110% within three years.
(2)
Conditional review. If Subsection B(1)(a) or (b) of this section prevents approval of a subdivision plan or a site plan, the Planning Commission may proceed with conditional review of the plan and place it on a waiting list arranged by the date of completion of the review. This section shall not extend subdivision plan or site plan approval beyond two years from the date of final decision. One-year extensions of an approved plan may be requested without limitation during the period of development deferral. 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 approval is granted. Removal from the waiting list shall occur only when the condition that prevented approval under Subsection B(1)(a) or (b) of this section no longer exists.
(3)
Exemptions.
The provisions of this subsection shall not apply to transient housing,
or age-restricted housing should the City adopt an ordinance permitting
such age-restricted housing.
A.
Sewerage. Approval of preliminary subdivision plans and site plans for development shall be subject to determination of adequate sewerage capacity in accordance with this Subsection A. The developer shall provide the Director of Public Works with all necessary information, including any required studies, in order to make a determination of adequacy.
(1)
The current
and anticipated demands on the sewerage system shall be evaluated
by the developer to determine adequacy of the system with regard to
the following:
(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 connection fees;
(d)
All
unexpired public works agreements;
(e)
All
unexpired preliminary subdivision plans and site 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
systems to serve the proposed development are designed to accommodate
expected ultimate peak gravity flows from the proposed 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 proposed development;
(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;
(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
(e)
Treatment
plant(s) have sufficient available capacity to accommodate expected
annual average and maximum daily loadings from the proposed development.
(3)
The City
sewerage system shall also be considered adequate under the following
circumstances:
(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 those improvements directly attributable to the impact produced by the development.
(4)
If the
City sewerage system is found to be inadequate, then preliminary subdivision
plans exceeding five lots, site plans for multifamily residential
developments exceeding five dwelling units, and extensions of previously
approved preliminary subdivision plans and site plans shall not be
approved.
(5)
Conditional
review.
(a)
If Subsection A(2)(a), (b), (c), (d), or (e) of this section prevent approval or the extension of a previous approval of a preliminary subdivision plan or site plan, the Department of Planning may proceed with conditional review of the plan or plan and place it on a waiting list arranged by date of City Council approval and, for previously approved plans or plans, by date of the request for extension.
(b)
Record plans, 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(s) 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 plan or site plan
is granted in accordance with the applicable City Code allowing for
such extension, development conducted in accordance with a preliminary
plan 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 plan 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. Approval of all preliminary subdivision plans and site plans for development shall be subject to determination of adequate water capacity in accordance with this Subsection B. The developer shall provide the Director of Public Works with all necessary information, including any required studies, in order to make a determination of adequacy.
(1)
The current
and anticipated demands on the water system shall be evaluated by
the developer to determine adequacy of the system with regard to the
following:
(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 connection fees;
(d)
All
unexpired public works agreements;
(e)
All
unexpired preliminary subdivision plans and site 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:
(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, as established
in the City's water and sewer design guidelines;
(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;
(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
(d)
Source
and treatment facilities in the service area have sufficient available
capacity to provide maximum day demand to the proposed development.
(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.
(4)
If the
water system serving the proposed development is found to be inadequate,
then preliminary subdivision plans exceeding five lots, site plans
for multifamily residential developments exceeding five dwelling units,
and extensions of previously approved preliminary subdivision plans
and site plans shall not be approved.
(5)
Conditional
review.
(a)
If Subsections B(2)(a), (b), (c), or (d) of this section prevents approval or the extension of a previous approval of a preliminary plan or site plan, the City of Havre de Grace's Department of Planning may proceed with conditional review of the plan 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 plans, 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 plan or site plan is
granted in accordance with the City Code, development conducted in
accordance with a preliminary plan 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 plan 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 system at the time of preparation of the public works agreements.
A.
Approval
of preliminary subdivision plans and site plans for development shall
be subject to determination of adequacy of road intersections in accordance
with this section.
(1)
Traffic
impact analysis.
(a)
The
developer of any project that will generate 249 total trips per day
using the latest version of the Institute of Transportation Engineers
(ITE) Trip Generation Manual is required to submit a traffic impact
analysis (TIA) to determine the level of service (LOS) of road intersections
within the study area. If a development will generate fewer than 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
Director of Public Works may waive the requirement for a TIA for projects
that have direct access to US Route 40, where the Director finds that
the trips generated by the project will not significantly impact the
corridor or intersections within one mile of the project.
(c)
The
TIA shall be conducted by a traffic engineering firm that is agreed
upon by the City and the developer, to include specific requirements
as established by the Department of Public Works. All costs for this
TIA shall be borne by the developer.
(d)
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 edition of the ITE Trip Generation Manual.
(b)
The
minimum acceptable level of service of road intersections in a residential
development study area shall be "C" for intersections in or abutting
a residential zoning district and "D" for all other intersections.
(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 Havre de Grace's Comprehensive Plan.
This area may include intersections which are subject to the jurisdiction
of the Maryland State Highway Administration (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 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. Pass-by
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 City 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 this section 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]
Background traffic, the volume of traffic that will be on the roadway
network in the project area without the proposed development, shall
be analyzed in the study. Graphic illustrations of background traffic
shall be provided. Sources of background traffic include: a 2.2% annual
growth in traffic to buildout year, if applicable, traffic generated
by other approved developments, traffic generated from subdivisions
with approved final plats, traffic generated from subdivisions with
approved preliminary plans, and existing traffic.
[d]
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 observations
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 this section, 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 American Association of State Highway and Transportation
Officials (AASHTO), SHA, or City of Havre de Grace 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 City of Havre de Grace's 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(s) of record may request
a refund. If such a request is not made within 365 calendar days of
the conclusion date, the escrowed money shall revert to the City of
Havre de Grace 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 plan or site plan,
the Department of Planning may proceed with conditional review of
the preliminary plan 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 plan for the
project is removed from the waiting list and preliminary subdivision
plan or site plan approval or extension is granted. Removal from the
waiting list shall occur only when the condition that prevented approval
under this subsection no longer exists.
(4)
Grandfathering.
(a)
Unless
an extension of the approval of the preliminary subdivision plan or
site plan is granted in accordance with the City Code, development
conducted in accordance with a preliminary plan 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 plan or site plan
is granted, the development shall be subject to the provisions of
this subsection concerning the adequacy of the roadways.
