[Amended 4-1-2019 by Ord.
No. 2019-2]
By authority of the Land Use Article, § 2-101, of
the Annotated Code of Maryland, there is hereby reestablished a Mount
Airy Planning Commission, hereinafter referred to as the "Commission."
Its territorial jurisdiction shall extend over the incorporated area
of the Town of Mount Airy.
[Amended 7-1-1985 by Ord. No. 141; 9-12-1994 by Ord. No. 1994-8]
A. The Commission shall consist of seven members, all
of whom shall be residents of the Town. One member of the Commission
shall be a member of the Council of the Town of Mount Airy who shall
serve ex officio and who shall count toward quorum at Commission meetings
and shall vote on Commission decisions in cases of tie votes. Each
member of the Commission, except for the Council member, who shall
serve concurrent with his or her term of office, shall serve for five
years or until his or her successor takes office, except that the
terms of members first appointed are staggered such that the first
person appointed serves for one year, the second appointed for two
years, the third appointed for three years, the fourth appointed for
four years and the fifth member appointed serves for a term of five
years. The sixth member appointed shall serve three years. An alternate
member, who shall be a resident of the Town, may be appointed who
may take part in Commission discussions and who shall serve in the
absence or recusal of any of the six regular members.
[Amended 7-9-2007 by Ord. No. 2007-29; 4-1-2019 by Ord. No. 2019-2]
B. The presence of four members shall constitute a quorum
for any meeting.
C. All members shall serve with such compensation as
the Mayor and Council deem appropriate and may be removed by the Mayor
and Council for inefficiency, neglect of duty or malfeasance in office.
All members shall be eligible for reappointment.
[Amended 4-1-2019 by Ord.
No. 2019-2]
The Commission shall have all the powers, functions and duties
provided for in the Land Use Article § 2-101 et seq., of
the Annotated Code of Maryland.
[Added 4-3-1989 by Ord. No. 1989-1; amended 1-6-2003 by Ord. No. 2003-2; 4-5-2004 by Ord. No.
2004-2]
[Amended 7-9-2007 by Ord. No. 2007-30]
A. The Planning Commission ("the Commission") shall review the adequacy of public facilities at the development plan submission stages as set forth in Subsection
B below. Notwithstanding anything contained herein to the contrary, review of adequacy of facilities shall not be required for site plans for any lot contained within a commercial or industrial subdivision that received preliminary plan approval prior to April 3, 1989, except for those uses specified in §
25-11. As used herein, the term "public facilities" or "facilities" shall mean the following:
[Amended 11-2-2015 by Ord. No. 2015-12]
(3) Schools (for residential, non-senior housing only);
(4) Roads and traffic control devices;
(5) Fire and rescue services;
B. The
Commission shall determine the adequacy of public facilities at the
concept plan stage for site plans, subdivision plans and minor subdivision
plans as applicable, and again, with respect to water and sewer capacity
only, when the Town extends water and/or sewer capacity to a development
plan and water and sewer allocation applicant on the waiting list
established pursuant to § 109-19.51 of the Town Code (hereinafter
throughout this chapter, "the waiting list").
[Amended 11-2-2015 by Ord. No. 2015-12]
C. The Commission shall consider whether, based on projected
financial data, revenues to be generated from the building of the
proposed development project, to include expected tax revenues and
impact fees, will be sufficient to provide required services to such
project.
D. In addition, the Commission shall consider whether,
based on any information provided by a state or county agency, the
proposed development project is consistent with applicable governmental
environmental standards, including those which address protection
of sensitive lands, protection of water supplies or conservation areas,
protection of natural resources and protection of air and water quality,
and may, if recommended by a state or county agency, require appropriate
protection of environmental resources, creation of additional open
space or reductions in housing density than would otherwise be permitted
on site or subdivision plans.
E. Upon receipt of written responses from all applicable
review agencies concerning adequacy of such facilities, the Commission
shall determine, as set forth below, whether each facility is adequate
for the proposed development project. The Commission shall base its
conclusion on objective factual information, including such written
responses and any other reasonably reliable information available
to the Commission. In addition, the Commission may employ, at the
cost of the developer, a licensed professional to review the proposed
development project and provide relevant information concerning the
adequacy of facilities to assist the Commission in reaching an informed
decision. In the event the Commission has not made a determination
of inadequacy, written responses from applicable review agencies shall
be updated six months after the responses have been completed.
F. In the event a reviewing agency shall fail to provide
a written response addressing the adequacy of facilities for a proposed
development project within 45 days of being requested to do so by
the Commission, the Commission may:
(1) Postpone consideration of the project for no more
than 30 days to allow such agency to respond;
(2) Engage a private licensed professional, at the cost
of the developer, to review the applicable portion of the project;
or
(3) Review data that is available and apply the standards
noted below to determine whether adequacy exists.
[Amended 7-9-2007 by Ord. No. 2007-31]
The Planning Commission shall approve the adequacy
of public facilities for a proposed development project if each of
the following facilities are adequate according to the below standards
for each facility. The Planning Commission shall consider the cumulative
impact of all existing and approved development, which shall include
existing development; development approved at the preliminary plan
stage; development approved that is under construction or for which
a permit could be issued at any time; and future connections from
the proposed development. The Planning Commission shall also consider
existing or future approved development in the surrounding region,
including Carroll and Frederick Counties, to the extent such development
is considered likely to impact any of the below public facilities.
The Planning Commission may, in reviewing adequacy, also seek the
advisory opinion of staff, experts, Town commissions or others as
appropriate.
A. Water. To the extent the municipal water system is
certified as having sufficient available capacity to provide maximum
day demand and meet peak-hour demand in addition to fire flow to each
"equivalent dwelling unit" or projected usage per lot of the proposed
development project without exceeding 80% of overall system capacity,
and if the distribution system is capable of providing normal required
pressure as well as minimum residual pressure to existing, approved,
and the proposed development project, considering all of the following
factors:
(1) Existing conditions for water usage and availability;
(2) Future connections from development approved at the
preliminary plan stage;
(3) Future connections from buildings under construction
or recorded lots from previously approved preliminary plans for which
a permit could be issued at any time in the future;
(4) Future connections from the proposed development project;
and
(5) Any additional water source to be provided by the
developer and which has been tested and certified as required by the
Subdivision Regulations of the Town of Mount Airy.
B. Sewer. If the Town sanitary sewer system is certified
as to its ability to provide the sewerage capacity necessary for the
proposed development project, without exceeding 80% of overall system
capacity, considering:
(1) Existing conditions and capacities of the municipal
wastewater treatment plant or overall sanitary sewer system;
(2) Future connections from development approved at the
preliminary plan stage;
(3) Future connections from buildings under construction
or recorded lots from previously approved preliminary plans for which
a permit could be issued at any time in the future; and
(4) Future connections from the proposed development project.
C. Schools. If, according to the local enrollment figures
for each enrollment district and each school in such enrollment district,
as determined and certified by the Board of Education for the county
in which the proposed development project will occur, each school
within such applicable enrollment district will not exceed 100% capacity
according to local functional capacity standards utilized by the applicable
school system, considering:
(1) Existing population from existing homes;
(2) Projected population from future building from residences
approved at the preliminary plan stage;
(3) Projected population from future building from residences
under construction or recorded lots from previously approved preliminary
plans for which a permit could be issued at any time in the future;
(4) Ratings and projections from residences in the proposed
development project.
D. Roads.
(1) All streets or intersections designated by the Commission
as serving or affected by the proposed development project (which
may include roads or intersections not immediately adjacent to or
within the immediate vicinity of the proposed development project)
shall have a rating of A or B (for roads maintained exclusively by
the Town) or rating of C or better (for roads which are maintained
by county or state governments), considering:
(a) Effects of existing traffic;
(b) Traffic projected to be generated from future residential,
commercial or industrial projects which have received preliminary
plan approval;
(c) Traffic projected to be generated from residential,
commercial or industrial projects under construction or recorded lots
from previously approved preliminary plans for which a permit could
be issued at any time in the future; and
(d) Traffic from the proposed development project.
(2) The Commission shall require that all streets and
intersections which are designated by the Commission as serving the
proposed development project be certified as to their adequacy by
a licensed firm hired by the Town at the expense of the developer.
The Commission may also require county certification or state certification
whenever a county or state road is within the designated area and
serving the proposed development project. The firm preparing the certification
shall use the methodology in the current edition of the "Highway Capacity
Manual" for the rating of all streets or, if in effect, the methodology
as determined by the Town's traffic impact study (TIS) guidelines.
(3) If the existing level of service of the affected street
or intersection is less than the rating of A, B or C as applicable,
but not below level of service D, then such street or intersection
will still be considered adequate, provided the proposed development
project will not degrade such street or intersection by more than
2% based on the volume-to-capacity ratio. Any degradation in excess
of 2% shall be deemed inadequate or approaching inadequate.
E. Fire and rescue services. Services are adequate if
the Chief of the Mount Airy Volunteer Fire Department, or his or her
designee, shall certify that:
(1) Projected number of late and no responses is less
than 15%, and the total number of no responses is less than 4%, measured
on a quarterly basis;
(2) Using an average over the previous 12 months, response
time is eight minutes or less from time of dispatch to on-scene arrival
with adequate apparatus and personnel 90% of the time;
(3) All bridges and roads for the most direct route or
acceptable secondary route to the proposed development project are
adequate to support fire and emergency response apparatus; and
(4) There exists sufficient water flow, from hydrants
or other acceptable water sources, for use by emergency response apparatus
to serve the proposed development project.
F. Police services. Services are adequate if the Mayor
or the person designated by the Mayor to certify police services adequacy
certifies that the ratio of police personnel to population will not
exceed 1,000 people for 1.1 officers, and also certifies that police
services are adequate to provide services to existing residences and
businesses as well as the proposed development.
[Amended 10-5-2020 by Ord. No. 2020-21]
G. Parks and open space.
[Amended 2-3-2020 by Ord.
No. 2019-12; 11-1-2021 by Ord. No. 2021-16; 8-7-2023 by Ord. No. 2023-8]
(1) Parks
and open space provisions are adequate if the Parks Department certifies
that the ratio of parks and open space acreage to population will
meet or exceed at least three acres per 100 persons, considering:
(a)
Existing population from existing homes;
(b)
Projected population from future building from residences approved
at the preliminary plan stage;
(c)
Projected population from future building from residences under
construction or from recorded lots from previously approved preliminary
plans for which a permit could be issued at any time in the future;
(d)
Projected population from residents in the proposed development
project.
(2) Until such time as the Town's inventory of parks and open space
meets the three acres per 100 persons standard, the Planning Commission
may waive strict application of the park and open space adequacy standard,
provided that each development project, including any industrial,
commercial, residential, Mixed Use District (MXD) and Mixed Use in
the Community Commercial District (MXU-CC) development, that is granted
a waiver under this subsection provides at least three acres of park
and open space per 100 persons, or a pro rata portion thereof, of
projected population from residents in the proposed development project,
with the following exceptions:
[Amended 9-11-2023 by Ord. No. 2023-30]
(a)
Only for developments located in the Downtown Zone (DTZ) with
lots less than or equal to 15,000 square feet, the parks and open
space requirement will be fully exempted.
(b)
Only for developments located in the Downtown Zone (DTZ) with
lots greater than 15,000 square feet in accordance with the requirements
set forth in this Code applicable thereto, a development project may
be granted a waiver under this subsection as follows:
POS - Parks and open space required to be dedicated to the Town
of Mount Airy, in acres
|
TA - Total gross acres of parcel
|
P - Projected number of resident persons added
|
CSF - Total gross commercial space in square feet being provided
|
[1]
Where providing three acres of parks and open space per 100
persons would equate to less than or equal to 5% of the total gross
parcel acreage of the proposed development, then the development must
provide the pro rata share of three acres per 100 persons (no exceptions
required); or
If POS < 0.05 x TA;
|
POS = (3/100) x P
|
[2]
Where providing three acres of parks and open space per 100
persons would equate to more than 5% of the total gross parcel acreage
of the proposed development, then the development must provide the
pro rata share of three acres per 100 persons less one person for
every 200 square feet of commercial space provided in the proposed
development project, or 5% of the gross parcel acreage, whichever
is greater, in order to qualify for the exception:
If POS > 0.05 x TA;
|
POS = (3/100) x (P - CSF/200)
|
or
|
POS = 0.05 x TA;
|
whichever is greater.
|
(3) In determining whether to grant or deny a waiver under Subsection
G(2) above, the Planning Commission shall consider and weigh the following:
(a)
The extent to which the open space in the proposed development exceeds the minimum requirements for the development as set forth in §
98-23 of the Town Code;
(b)
The magnitude of the Town's parks and open space deficit
at the time that the waiver is under consideration and whether the
proposed development will increase or decrease the deficit;
(c)
Whether the proposed development optimizes the proposed open
space in consideration of the amount, nature (i.e., whether the proposed
open space is green space and/or offers passive or active recreation),
dimensions, quality, location, suitability to the proposed development,
whether the proposed open space satisfies a critical Town need or
proposes a shortage, amenities, and accessibility of the open space
within the proposed development, and any adverse impacts on neighboring
property.
(d)
Any other factors that the Planning Commission deems relevant
in consideration of a waiver specific to a proposed development.
(4) The Planning Commission may impose conditions on the granting of any waiver under Subsection
G(2) above.
(5) The Planning Commission shall memorialize its determination to grant or deny a waiver under Subsection
G(2) above, and its supporting rationale in reference to the guidelines enumerated in Subsection
G(3) above, in a formal written memorandum which shall be made available to the public.
[Amended 7-9-2007 by Ord. No. 2007-32]
The Planning Commission may approve a proposed
development project for a residential subdivision but allow building
only on a phased-in schedule that will permit building to begin 24
months from the date of approval, but which, after building is permitted
to begin, may allow no more than 10 homes the first year, 15 homes
the second year, and 20 homes the third year if any of the following
facilities are approaching inadequate according to the below standards
for each facility:
A. Water. To the extent the municipal water system is
certified as having sufficient available capacity to provide maximum
day demand and meet peak-hour demand in addition to fire flow to each
"equivalent dwelling unit" or projected usage per lot of the proposed
development project without exceeding 88% of overall system capacity,
and if the distribution system is capable of providing normal required
pressure as well as minimum residual pressure to existing, approved,
and the proposed development project, considering all of the following
factors:
(1) Existing conditions for water usage and availability;
(2) Future connections from development approved at the
preliminary plan stage;
(3) Future connections from buildings under construction
or recorded lots from previously approved preliminary plans for which
a permit could be issued at any time in the future;
(4) Future connections from the proposed development project;
and
(5) Any additional water source to be provided by the
developer and which has been tested and certified as required by the
Subdivision Regulations of the Town of Mount Airy.
B. Sewer. If the Town sanitary sewer system is certified
as to its ability to provide the sewerage capacity necessary for the
proposed development project, without exceeding 88% of overall system
capacity, considering:
(1) Existing conditions and capacities of the municipal
wastewater treatment plant or overall sanitary sewer system;
(2) Future connections from development approved at the
preliminary plan stage;
(3) Future connections from buildings under construction
or recorded lots from previously approved preliminary plans for which
a permit could be issued at any time in the future; and
(4) Ratings and projections from residences in the proposed
development project.
C. Schools. To the extent new schools are planned under
the Board of Education's capital improvement plans as approved by
the applicable county government to be funded, to be open for students
within five years from the date building begins, then if according
to enrollment figures certified by the Board of Education for the
county in which the proposed development project will occur, each
elementary school proposed to serve the projected school population
will exceed 100% capacity but not greater than 105% capacity, and
each middle and high school will exceed 100% but not greater than
110% capacity, once the proposed development project is fully built,
according to local functional capacity standards utilized by the applicable
school system, considering:
(1) Existing population from existing homes;
(2) Projected population from future building from residences
approved at the preliminary plan stage;
(3) Projected population from future building from residences
under construction or recorded lots from previously approved preliminary
plans for which a permit could be issued at any time in the future;
(4) Ratings and projections from residences in the proposed
development project.
D. Roads.
(1) If any streets or intersections which are designated
by the Commission as serving or affected by the proposed development
project will have ratings that reach or exceed level C (for roads
maintained exclusively by the Town) or ratings of D (for roads maintained
by county or state governments) considering:
(a) Effects of existing traffic;
(b) Traffic projected to be generated from future residential,
commercial or industrial projects which have received preliminary
plan approval;
(c) Traffic projected to be generated from residential,
commercial or industrial projects under construction or recorded lots
from previously approved preliminary plans for which a permit could
be issued at any time in the future; and
(d) Traffic from the proposed development project.
(2) The Commission shall require that all streets and
intersections which are designated by the Commission as serving the
proposed development project be certified by a licensed firm hired
by the Town at the expense of the developer. The Commission may also
require county certification or state certification whenever a county
or state road is within the designated area and serving the proposed
development project. The firm preparing the certification shall use
the methodology in the current edition of the Highway Capacity Manual
for the rating of all streets or, if in effect, the methodology as
determined by the Town's traffic impact study (TIS) guidelines.
(3) If a proposed development project is approved subject
to the phasing requirements of this section, and during such phase-in
period the facilities that were approaching inadequate are improved
such that they would then be certified as adequate, the proposed development
project may be permitted to proceed without phasing restrictions upon
approval by the Commission.
[Amended 7-9-2007 by Ord. No. 2007-33]
A. Except as set forth in Subsection
A(1) below, the Planning Commission may not approve, and must deny on the basis of inadequate facilities, any proposed development project if any of the facilities listed in §
25-6 are not adequate according to the standards therein, or if any of the facilities listed in §
25-7 are of a lower service level than the standard of "approaching inadequate" subject to the provisions of §
25-7B. Any plan denied under this section may be resubmitted 12 months after the date of denial.
[Amended 11-2-2015 by Ord. No. 2015-12]
(1) Notwithstanding Subsection
A above, the Planning Commission shall approve a development project plan pending water and sewer capacity availability for the sole purpose of the development project's placement on the waiting list where the plan would otherwise be approved and Water and Sewer Allocation Permits issued but for the applicant's inability to demonstrate that the proposed allocation of water and/or sewer to the project is less than or equal to the net available capacity yield applicable to the allocation category from which the allocation is to be made pursuant to §
109-19.5F(2) of the Town Code.
B. If a facility is deemed inadequate or approaching
inadequate but is scheduled to be improved to provide a higher service
level under any relevant capital improvement program of the Town,
state, county or any relevant agency thereto within six years from
the date of submission of the plan for the proposed development project,
the Planning Commission may conditionally approve the proposed development
project but defer a final decision of the adequacy of facilities for
up to three years pending reconsideration of the adequacy of facilities.
C. If a financial analysis demonstrates that revenue,
including but not limited to tax revenues and impact fees, considering
existing sources as well as that to be generated from the proposed
development project, would be sufficient to permit improvement for
police and fire and rescue services to an adequate level of services,
the preliminary plan may be conditionally approved. In that event,
final plan approval shall be deferred for at least six months and
until such time as the analysis demonstrates that improvement to an
adequate level of services can be accomplished.
D. If a financial analysis demonstrates that revenue,
including but not limited to tax revenues and impact fees, considering
existing sources as well as that to be generated from the proposed
development project, would be available for a specific capital improvement
and would be in sufficient amount to allow improvement to a higher
service level within two years from the date construction is scheduled
to begin, the preliminary plan may be conditionally approved in part,
deferring a final decision of the adequacy of facilities for up to
three years pending reconsideration of the adequacy of facilities.
[Amended 7-9-2007 by Ord. No. 2007-35]
A. Approved plans.
(1) A preliminary plan approved under this section shall
expire at the end of four years from the date of approval, unless:
(a) The applicant has previously recorded a plat containing
at least 20% of the total lots contained within the approved preliminary
plan for the proposed development project; or
(b) The applicant has submitted, prior to the expiration
of such four-year period, a request for extension of the approval
for the plan.
(2) If the applicant submits a request for extension of the plan, the facilities shall be tested as required under §
25-5, and, if adequate, the preliminary plan approval shall be extended for up to four additional years.
B. A preliminary plan receiving conditional approval
shall expire at the end of five years from the date of conditional
approval, subject to extension for another five-year period; except
that approval of adequate facilities shall expire four years from
the date of approval of adequacy of facilities.
[Amended 7-9-2007 by Ord. No. 2007-36; 11-2-2015 by Ord. No. 2015-12]
Any approvals, conditional approvals, partial approvals, delays
in permit issuance or phasing in of allowed permits under this article
shall be subject to any other valid limitations imposed by the Town
Council, Planning Commission, or any other authorized governmental
authority, including but not limited to permit limitations or other
conditions imposed by the Town.
A. The Town Council may consider, before the beginning of each fiscal
year, whether public facilities are adequate under the standards contained
within this chapter, and determine the maximum permits per subdivision
that may be issued per subdivision for the next year after Planning
Commission subdivision approval. This determination may apply within
the Town, in one or both counties, depending on the adequacy of the
specific public facilities, timing of the provision of public facilities
to address inadequacies, and approved development in the region, among
other factors.
(1) The Town Council shall receive a report from the Planning Commission,
based on information from the Town Planner, Town Engineer and other
staff, regarding the adequacy of all public facilities tested herein;
(2) If one or more facilities are inadequate, the Town Council may determine,
based on recommendations from staff, that limited or no additional
permits shall be issued for any new development during the next five-year
period, depending on the level of inadequacy and timing of any improvements
to address the inadequacy;
(3) If one or more facilities are approaching inadequate, the Town Council
may determine, based on recommendations from staff, that permits shall
be limited for any new development during the next five-year period
until the inadequacy is addressed.
(4) The Town Council's determination shall focus only on the number of
permits that may be issued subsequent to Planning Commission approval,
and shall be independent of the Planning Commission's authority to
approve subdivisions and plats within the Town.
B. The Town Council may revise permit limitations annually.
C. Permits shall be issued on an annual, twelve-month basis, which shall
begin to run on the day the first building permit is issued and must
not be issued in advance.
Notwithstanding the general exemption from adequate facilities testing afforded to commercial or industrial lots in existence on the effective date of this article, if the use depicted on a site plan for any industrial or commercial proposed development project is designated by Town staff as a "large water user," then such site plan shall require testing of adequate facilities in accordance with §
25-5. For purposes of this §
25-11, the term "large water user" shall refer to any proposed use which, according to water use projections adopted by the Carroll County Health Department, will generate an average daily water consumption rate of greater than 2,500 gallons per day.