[HISTORY: Adopted by the Board of County
Commissioners of Queen Anne's County 2-6-2007 by Ord. No. 06-107.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Definitions — See Ch. 2.
Rules of interpretation — See Ch. 3.
Plumbing and health — See Ch. 12.
Environmental protection — See Ch. 14.
Land use and development — See Ch. 18.
Sanitary District; water, sewers and septic tanks — See Ch. 24.
[1]
Editor's Note: This ordinance also repealed
former Ch. 28, Interim Adequate Public Facilities, adopted 3-20-2001
by Ord. No. 00-10, as amended.
This chapter shall be known and may be cited
as the "Adequate Public Facilities Ordinance of Queen Anne's County."
A.
The purpose and intent of this chapter is:
(1)
To ensure that public facilities needed
to support new development meet the level of service standards established herein.
(2)
To ensure that capital improvements programs are maintained to accommodate reasonable growth and development
based on the County's ability to provide adequate public facilities to serve new development.
(3)
To ensure that no development proposal is approved that would cause a reduction in the levels of
service for any public facilities below
the level of service standards established in this
chapter, unless mitigation measures are approved.
(4)
To ensure that adequate public facilities needed to support new development are available to address the impacts
of such development, as defined by this chapter.
(5)
To establish uniform procedures for the review of APF applications subject to the standards and requirements
of this chapter.
(6)
To discourage urban sprawl and the inefficient development
of land in Queen Anne's County.
(7)
To encourage development in designated growth areas
where public facilities exist or are planned.
(8)
To implement the 2002 Comprehensive Plan, including the capital facilities (Element 5) and fiscal health
(Element 6) polices and strategies.
(9)
To implement Land Use Issue 2 of the Comprehensive
Plan that calls for the "coordination of growth area development
with public infrastructure;" and the Plan's directive to "tie subdivision
and site plan approvals to adequate public facilities standards" (pp.
24 and 25, Vol. 2, 2002 Comprehensive Plan).
(10)
To ensure that all applicable legal standards and
criteria are incorporated in these procedures and requirements.
(11)
To ensure that proposed development will not adversely affect the public health, safety, and welfare
of existing and future residents of Queen Anne's County.
B.
In adopting this chapter, the County hereby finds and determines as follows:
(1)
The availability and adequacy of public facilities subject to the provisions of this chapter are necessary for the
general public health, safety, and welfare.
(2)
New growth and development within the County has an impact on the availability and capacity of public facilities, which impact can be mitigated by ensuring
development does not occur prior to the provision of adequate public facilities, as provided herein.
(3)
The County and/or other cooperating
agencies have prepared and adopted capital improvements programs to provide the water, sewer, schools, and transportation facilities
needed to accommodate reasonable rates of growth and development,
which CIPs will be periodically updated to reflect
changes in the County's growth rate, available financial
resources, and other relevant factors.
(4)
The level of service standards adopted
for each public facility in this chapter are necessary
for the protection of the public health, safety, and welfare, and
will not unduly inhibit new growth and development within Queen Anne's
County.
(5)
The Background and Validation Report, dated August
10, 2005, prepared by White & Smith, LLC and Professor James C.
Nicholas, the data relied upon in the development of the Background
and Validation Report, applicable capital improvement programs, and budgets demonstrate that the capacity of public facilities may be exceeded if site plan and subdivision
approvals occur at projected rates without regard to the adequacy
of the public facilities necessary to serve those
developments at the level of services standards adopted
herein.
(6)
The impacts on public facilities resulting
from new development may be mitigated by measures that either reduce
projected impacts on or increase the capacity of public facilities.
The words, terms, and phrases used in this chapter
shall have the meanings set forth below.
A reservation of capacity made by the Adequate Public Facilities Technical Committee upon a determination of adequacy.
An application for a determination of adequacy of public facilities as required by and described
in this chapter. An APF application includes, but
is not limited to, an application form, a phasing schedule, an APF study, a mitigation plan, as appropriate, and an administrative review fee, as determined
by the County.
A schedule maintained by the Planning Director that tracks the capacity of public facilities.
An assessment of the impact of a proposed development on public facilities and of whether available
capacity exists for the proposed development, including all background data or analysis relied upon in the development
of the study.
A committee comprised of designees of the County Commissioners,
the Planning Director, the Director of Public Works,
the Superintendent of the Queen Anne's County School Board, and any
other official the Planning Director deems necessary
to implement the provisions of this chapter. The Planning
Director shall be the Chairperson of the Committee.
Capital improvements proposed to be donated,
constructed, or funded by an applicant pursuant to an approved mitigation plan.
The County Board of County Commissioners.
The demand that can be accommodated by a public facility.
The circumstance where a public facility has sufficient capacity to accommodate the demand
created by a proposed development, or, in the case
of a phased development proposal, to accommodate
the demand created by each phase of the proposed development.
Capacity allocated through administrative
action of the Board.
Capacity allocated to preexisting
development approvals and capacity already
in use.
A physical asset, including land, the cost of which is generally
nonrecurring and which may require multiyear financing, and that provides
additional capacity needed to accommodate the demand
for public facilities generated by a proposed
development.
A capital improvement that is under contract
or under actual construction at the time an APF application is considered by the APF Technical Committee.
Capital improvements constructed and operational
at the time of an APF application.
A document adopted annually by the County Commissioners,
or other service provider, itemizing capital improvements funded for the current fiscal year and those capital projects planned
for the following five-year period, including the means of funding
such projects.
Existing capital improvements and planned capital improvements.
The Queen Anne's County Comprehensive Plan, adopted by the
County Commissioners on May 21, 2002, as amended, and which is hereby
incorporated by this reference.
Queen Anne's County, Maryland.
A determination by the APF Technical Committee that each public facility impacted by a proposed development has available capacity, which determination may be based on an approved mitigation
plan.
Either of the following:
A preliminary plat, multifamily site plan application,
or nonresidential subdivision which proposes six or more new units
or lots; or
A site plan application, which proposes the
creation of 10,000 square feet or more of new enclosed floor area
to be dedicated to nonresidential uses; or
A preliminary plat or a nonresidential or multifamily
site plan application, which will generate 25 or more peak hour trips.
A principal building, room or group of rooms providing, or
intended to provide, living quarters for not more than one family.
Services owned, managed, or operated in the interest of a
governmental entity that provides a function critical to the health,
safety, and welfare of the public, but which is not proprietary in
nature. Essential public services may specifically
include schools, water and sewer services, emergency services, publicly
owned housing, fire protection services, and law enforcement services.
A place or area where two or more roads or site access entrances
cross or meet and cause or create a straight or directional turning
movement.
An indicator of the extent or degree of service provided
by a public facility, based upon, and related to
the operational characteristics of the facility, in comparison with
the capacity of the public facility.
A voluntary plan, effectuated through a binding agreement
or condition of approval of a development proposal, to ensure the provision of available capacity,
where capacity is not otherwise adequate to support
the demand resulting from a proposed development.
A development proposal wherein the proposed development will be constructed incrementally in
a logical time and geographical sequence according to a phasing
schedule.
A schedule that sets forth the timing of the development
of a phased development proposal, including, but
not limited to, provision of necessary public facilities, the number of units, and, as applicable, their location on the
site.
The Director of the Queen Anne's County Department of Planning
and Zoning or the Planning Director's designee.
Approved, but unbuilt developments, which have received a capacity reservation under either the County's Interim APFO or this chapter, and any other development or subdivision
approved within the unincorporated and incorporated areas of the County, which have or will result in an impact on public facilities, and which were approved prior to the APF Technical Committee's action on a given APF
application.
Development proposed pursuant to a development proposal and an APF application.
Certain water, sewer, schools, and transportation capital improvements provided by the County or other responsible agency as provided by this chapter.
An agreement made between an applicant and the Department
of Public Works.
The school district within which a determination
of adequacy will be made pursuant to this chapter.
The provisions of this chapter shall apply to
any development proposal submitted in the unincorporated
area of the County, as follows:
A.
Residential development. A determination of
adequacy of water, sewer and transportation facilities is
required for any preliminary plat or multifamily site plan application
which proposes 20 or more new lots or units. A determination
of adequacy of schools is required for any preliminary plan
or multifamily site plan application which proposes more than seven
new lots or units.
[Amended 8-9-2016 by Ord.
No. 16-08]
B.
Mixed use and nonresidential development.
(1)
A determination of adequacy of water
and sewer facilities is required for nonresidential site plan applications
that propose the creation of 10,000 square feet or more of new enclosed
floor area to be dedicated to nonresidential uses.
(2)
A determination of adequacy of transportation
facilities is required for nonresidential site plan applications that
generate 25 or more peak hour trips. The APF applicant is responsible
for providing information necessary for the County to determine whether this threshold will be met, including but not
limited to, the size and scope of the development proposal and applicable trip generation data.
(3)
A determination of adequacy of water,
sewer, and transportation facilities is required for any nonresidential
subdivision, which proposes six or more new lots or units.
C.
Essential public services. The provisions
of this chapter shall not apply to any development proposal, or portion thereof, that includes the construction of buildings,
structures, or facilities necessary to the provision of essential
public services.
D.
Previously submitted APF studies.
The requirements of this chapter shall not apply to any development
proposal for which an APF study has been
approved pursuant to the former Chapter 28, Interim Adequate Public
Facilities Ordinance.
E.
Age-restricted housing. For a development
proposal, or portion thereof, that consists of age-restricted
or senior citizen housing, the determination of adequacy shall not consider the available capacity of school
facilities. However, this subsection shall not apply to any development proposal unless the applicant demonstrates that
all age-restricted or senior citizen housing units are subject to
a recorded deed restriction prohibiting persons under the age of 18
from residing in the proposed dwelling units.
F.
Minimal use development proposals. A determination of adequacy is not required for
nonresidential buildings or uses designed for average water and wastewater
demands that do not exceed 250 gallons per day. Development approvals
issued pursuant to this exception shall include a condition that approval
will be revoked if average demands exceed 250 GPD.
G.
Economic development projects. The Board of County
Commissioners may exempt from the provisions of this chapter, completely
or in part, any nonresidential development proposal that will provide a significant economic benefit to the County in terms of:
H.
Previously approved subdivisions. The requirements
of this chapter shall not apply to any development proposal which had received final approval from the Queen Anne's County Planning
Commission prior to March 23, 2007.
[Added 11-11-2008 by Ord. No. 08-23]
A.
When required. Subject to the requirements of this
section, a complete APF application must be submitted
and approved prior to the submission and review of a development application
for a development proposal. No development
proposal will be submitted for consideration for approval as provided in Chapter 18, unless a determination of adequacy has been made by the APF Technical Committee or
the Planning Director has determined that the development proposal otherwise has complied with or is exempt
from the terms of this chapter.
B.
Requirements for APF study.
(1)
Scoping meeting required. Prior to submission of an APF application, the applicant shall meet with the APF Technical Committee to confirm the scope of the study
and to identify potential deficiencies that would need to be mitigated
pursuant the provisions of this chapter. During or following the scoping
meeting, the APF Technical Committee shall:
(2)
General APF study requirements. The APF study shall include:
(a)
Description of the proposed development, including the type and amount of each land use.
(b)
Identification of the used capacity affecting available capacity to serve the proposed development.
(c)
Description of the total capital improvements available to serve the development proposal.
(d)
Identification of the demand assumptions, including
student generation rates and traffic generation rates, as applicable,
associated with the development proposal.
(e)
A phasing schedule for any residential
development of 20 or more new dwelling units.
(f)
For proposed residential uses, the schools to be attended
by the projected students, by school service area; existing enrollments; used capacity, and reserved capacity.
(g)
For development proposals subject
to a transportation facilities APF determination, information regarding
the following roadway improvements or conditions: pavement, drainage,
traffic control devices, bridges and culverts, existing service levels
at all impacted intersections and projected service
levels.
(h)
Other information required by the APF Technical
Committee as identified at the scoping meeting or required
by County administrative policy necessary to evaluate
the APF study and to make a determination
of adequacy pursuant to this chapter.
(i)
A statement regarding whether available capacity exists for applicable public facilities.
C.
Completeness review. Within 15 days of its receipt,
the Planning Director shall determine whether the APF application is complete and complies with the submission
requirements set forth in this section. If the APF application is complete and the submission requirements have been met, the Planning Director will forward the APF application to the members of the APF Technical Committee for
review.
D.
Determination of adequacy and allocation
of capacity. Within 45 days of the Planning
Director's determination that an APF application, or a revised application or mitigation plan, is
complete, the APF Technical Committee will make one
of the following determinations with respect to each applicable public facility:
(1)
If the APF Technical Committee concludes
that available capacity exists, in accordance with §§ 28-6 and 28-7, or that an approved mitigation
plan will ensure available capacity, the Planning Director shall submit the development proposal application for consideration for approval as provided in Chapter 18, including a mitigation plan where proposed.
(2)
If the APF Technical Committee determines
that available capacity does not exist and no mitigation plan has been approved pursuant to § 28-5F below, the application shall not be reviewed or considered for approval, as provided in Chapter 18 of the County Code and the Planning
Director shall:
(a)
Notify the applicant, in writing, within 10 business
days of the determination, stating with specificity the basis of the
determination, including materials from the APF Technical
Committee and any County or non-County agency that provides the basis of the decision, and
the month and year in which available capacity is
planned to be provided according to the applicable CIP, and
(3)
Except as provided in Subsection D(4) below, any development proposal that fails to receive a determination
of available capacity, but which has mitigated, or
has committed to mitigating, its proportionate share impacts on public facilities, shall be allowed to proceed for review and consideration for approval, as provided in Chapter 18 of the County Code, as of the earlier of the following:
(a)
The month and year the APF Technical Committee indicates that available capacity is planned, according
to the applicable CIP; or
(b)
Five years from the date of the Planning Director's notification, as provided in Subsection D(1)(b)[1] of this section.
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In order to proceed in accordance with this
subsection, the applicant must submit a written request to the Planning Director, which shall be forwarded to the Board
of County Commissioners for consideration.
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E.
Duration and effect of a determination of
adequacy.
(1)
A determination of adequacy and the
issuance of an APF allocation shall be deemed to
indicate that:
(2)
Upon the request of the applicant, the County Commission
may extend the duration of a determination of adequacy. No extension will be granted except upon a showing by the applicant
that the application is actively continuing through the development
process, by demonstrating such factors as:
(a)
Whether building permits for the development
proposal have been issued and remain active;
(b)
Whether the applicant can demonstrate unique hardship
or extenuating circumstances not created by the applicant; or
(c)
Whether site improvements and development have progressed
during the duration of the initial determination of adequacy.
(3)
A determination of adequacy of public facilities shall not affect the need for the applicant
to meet all other County requirements, including
any lawfully adopted ordinance of the County.
F.
Determination of no available capacity; development alternatives, and mitigation plans. Upon the rejection of an APF application, the
applicant may seek approval by:
(1)
Submitting a development proposal that has a reduced amount of development for which available
capacity exists;
(2)
Submitting a phased development proposal, which may be approved only pursuant to a public works agreement or other appropriate binding agreement or condition of approval,
that includes the following:
(a)
A proposed phasing schedule setting
forth the amount, location, and timing of development associated with
each proposed phase;
(b)
A determination that available capacity will exist at the beginning of each phase of development;
(c)
Where advanced facilities are proposed,
the location and timing of the proposed facilities; and
(d)
Other additional relevant information or materials
as identified by the APF Technical Committee.
(3)
Proposing a mitigation plan that
provides for the provision of advanced facilities within the time frames set forth in § 28-7.
(a)
Any mitigation plan that proposes
the provision of advanced facilities must comply
with the following:
[1]
The applicant must provide an estimate of the
incremental cost of providing the advanced facilities, a schedule for commencement and completion of the advanced
facilities, and necessary binding performance guarantees.
[2]
The applicant must submit a proposed public works agreement, or other appropriate binding agreement,
committing the applicant to the timely and adequate provision of advanced facilities as described in the approved mitigation plan.
[3]
Any proposed mitigation plan must be approved by the Board of County Commissioners, either prior
to an APF determination or as a condition of an APF determination
and the final approval of a development proposal.
Public facilities will be deemed
adequate only if the applicant demonstrates that available
capacity exists to accommodate the demand generated by the proposed development, in accordance with the following calculation methodology, based on the standards set forth in § 28-7:
The following standards, by public facility, shall be applied in determining available capacity pursuant to § 28-6 above.
A.
Potable water.
(1)
Properties served by central water. Determinations
of adequacy for proposed developments, which
at the time of APF application are served by the County's central water system, or will be served at the
time of building permit, pursuant to the Comprehensive Water and Sewerage
Plan, will be based on the following standards:
(a)
Water supply.
[1]
Determination of adequacy.
Prior to the issuance of a building permit for a proposed
development, adequate water supply must be available, pursuant
to a valid consumption permit issued to the County by the Maryland Department of the Environment (MDE).
[2]
Mitigation. If the County's existing consumption permit does not include adequate water supply,
the applicant may propose a mitigation plan to provide
for advanced facilities that result in adequate MDE-compliant
water supply by the time a building permit is issued. Neither payment
of County connection fees nor provision of on-site
wells shall be considered sufficient mitigation for properties served
by central water under this chapter.
(b)
Water treatment and storage.
[1]
Determination of adequacy.
Adequate water treatment and storage capacity must
be available to serve the proposed development prior
to the issuance of a building permit for the proposed development.
[2]
Mitigation. If water treatment and storage facilities
are not adequate, the applicant may propose a mitigation plan that will result in the construction or dedication of water treatment
and/or storage capital improvements such that there
is available capacity prior to the issuance of a
building permit. Neither payment of County connection
fees nor provision of on-site wells shall be considered sufficient
mitigation for properties served by central water under this chapter.
(2)
Properties not served by central water. Determinations
of adequacy for proposed developments, which
at the time of APF application are not served by
the County's central water system, and will not be
served at the time of building permit, pursuant to the Comprehensive
Water and Sewerage Plan, may be found where on-site well systems will
be available prior to the issuance of a certificate of occupancy for
the proposed development. Adequacy will be found
only where the proposed development can meet the
standards and requirements of the Department of Environmental Health.
A determination of adequacy made under this Subsection A(2) must be conditioned on a requirement that on-site wells be inspected and approved by the Department of Environmental Health prior to issuance of a certificate of occupancy.
B.
Sewer system.
(1)
Properties served by central sewer. Determinations
of adequacy for proposed developments, which
at the time of APF application are served by the County's central sewer system, or will be served at the
time of building permit, pursuant to the Comprehensive Water and Sewerage
Plan, will be based on the following standards:
(a)
Sewer treatment.
[1]
Determination of adequacy.
Adequate sewer treatment capacity must be available
to serve the proposed development prior to the issuance
of a building permit for the proposed development.
[2]
Mitigation. If sewer treatment facilities are
not adequate, the applicant may propose a mitigation plan that will result in the construction or dedication of sewer capital improvements such that there is available
capacity prior to the issuance of a building permit. Neither
payment of County connection fees nor provision of
on-site septic systems shall be considered sufficient mitigation under
this chapter.
(2)
Properties not served by central sewer. Determinations
of adequacy for proposed developments, which
at the time of APF application are not served by
the County's central sewer system, and will not be
served at the time of building permit, pursuant to the Comprehensive
Water and Sewerage Plan, may be found where on-site septic systems
will be available prior to the issuance of a certificate of occupancy
for the proposed development. Adequacy will be found
only where the proposed development can meet the
standards and requirements of the Department of Environmental Health.
A determination of adequacy made under this Subsection B(2) must be conditioned on a requirement that on-site septic systems be inspected and approved by the Department of Environmental Health prior to issuance of a certificate of occupancy.
C.
School system.
(1)
Determination of adequacy. A determination of adequacy with regard to public schools
shall be based on the following standards:
(a)
School service areas. Available
capacity will be calculated, in accordance with § 28-6, based on the capacity of the school service
area, for each school level, in which a proposed
development is located; except that, available capacity may be found based on the capacity of an adjacent school service area only upon a written determination by
the Board of Education that the adjacent school service area will accommodate the impacts of the proposed development through redistricting or other operational adjustments.
(b)
Level of service standard. The minimum level of service standard for schools shall be 100% of state-rated capacity for each level of school and shall be measured
by school service area.
(2)
Mitigation. In the event that the APF Technical
Committee determines that school capacity exceeds the above level of service standards, an
applicant may propose a mitigation plan that will
provide advanced facilities sufficient to offset
the impacts of the proposed development on school capacity. However, advanced facilities proposed
pursuant to a mitigation plan must comply with the
following:
(a)
Except as provided in § 28-7E, the advanced facility must result in the construction, dedication,
or funding of a capital improvement included or to
be included within the first two years of the County's Capital Improvement Plan.
(b)
Temporary or portable classroom structures will not
be accepted as sufficient forms of mitigation.
(c)
The proposed mitigation plan must
be approved by the Queen Anne's County Board of Education.
D.
Transportation facilities.
(1)
Determination of adequacy.
(a)
A determination of adequacy with
regard to transportation facilities shall be issued if:
[1]
In designated growth areas. The projected level of service, after buildout of the proposed
development, for intersections affected
by the proposed development, is C or above for peak
hours; provided, however, that a projected level of service D for peak hours shall be considered adequate if the applicant submits
and the Board of County Commissioners approves a mitigation
plan as provided herein.
[2]
Outside designated growth areas. The projected level of service, after buildout of the proposed
development for any intersections affected
by the proposed development, is B for peak hours.
(b)
For purposes of this chapter, intersections identified for evaluation may include existing and future intersection conditions.
(2)
Mitigation. In the event that the APF Technical
Committee determines that transportation capacity exceeds the above level of service standards, an
applicant may propose a mitigation plan that will
provide advanced facilities sufficient to offset
the impacts of the proposed development on the transportation
capital facilities addressed above. However, advanced facilities proposed pursuant to a mitigation plan must comply
with the following:
(a)
The advanced facility will result
in an overall improvement to either road capacity or level of service in the vicinity of the proposed development;
(b)
Except as provided in § 28-7E, the advanced facility must result in the construction, dedication,
or funding of a capital improvement that will be
under contract or actual construction within two years of the APF
determination; and
(c)
If a state road improvement, the proposed mitigation plan must be accepted by the State Highway Administration
and scheduled for timely completion.
E.
Notwithstanding the time frames required by § 28-7C and D, in order to advance the purpose and intent of this chapter, the Board may extend the time frames within which advanced facilities may be accepted. However, in no event
shall these time frames be extended except where the Board makes one or more of the following findings, in writing:
(3)
That an applicant has proposed providing an advanced facility with capacity greater
than that required to meet the fair-share impacts of the applicant's development proposal and additional time is necessary reasonably
to fund the improvements.
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The mitigation plan must reflect
the Board's findings and must include provisions
necessary to implement the time frames approved by the Board. Said mitigation plan must be approved by the Board and other responsible agencies, as required by this
chapter.
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A.
Purpose. The CIP is the mechanism
by which Queen Anne's County, and the governmental agencies with which
it coordinates in the provision of public facilities, to ensure adequate capacity for existing and anticipated
population and employment. Through the CIP, the County intends to use all reasonable means to provide the public facilities and services needed to accommodate new
growth and development, consistent with the availability of revenue
sources, binding contributions for capital improvements provided by state or federal sources or applicants, and physical,
environmental, or topographical constraints on the expansion of the capacity of public facilities.
B.
Requirements for CIP implementation.
The CIP contains:
(1)
A schedule of year-by-year capital improvements that indicates the manner in which the County or
other applicable agency will reduce existing deficiencies, remain
abreast of replacements, and meet future demand.
(2)
A description and general location of each capital improvement included.
(3)
A list of projected costs and revenue sources by type
of public facility for each year addressed in the CIP.
A.
On an annual basis, the Planning Director, with input from the APF Technical Committee, shall
prepare a report describing the following:
(1)
The available capacity of public facilities.
(2)
Anticipated increases in dwelling units and nonresidential development, based on population projections,
development permit trends and the Comprehensive Plan.
(3)
The need for any further public facilities, including the capacity of said public
facilities, resulting from changes in population increase,
employment growth, or other relevant factors.
B.
Fire and EMS level of service. On
an annual basis, beginning one year after the effective date of this
chapter, the Planning Director shall submit to the
Board of County Commissioners a report regarding the capacity of the Volunteer Fire Districts and the County Department of Emergency
Services to address existing and projected demands from new development.
The Planning Director's report shall:
(1)
Reflect coordination and input from the Director of
the Department of Emergency Services as well as the Chairman of the
Fire and Emergency Services Commission;
(2)
Identify whether existing and planned capital
improvements are adequate to serve the fire protection and
emergency medical services (EMS) needs of existing and projected residents
and employees in the County;
(3)
Be based on the level of service standards
recognized by the Board of County Commissioners for fire and EMS services;
and
(4)
Take into consideration the capacity of capital improvements operated by both the County and the Volunteer Fire/EMS Districts.
C.
The County Commissioners shall consider the report
prepared by the Planning Director and may consider
any appropriate amendments to the Capital Improvements Program or to this chapter, including application of this chapter to additional public facilities, based upon a demonstration that capital improvements capacity is inadequate
to serve new growth.
Any decision of a County official
or the APF Technical Committee under this chapter may be appealed, pursuant to § 18:1-114, et seq. of Chapter 18:1, within 30 days from the date of the decision, to the Queen Anne's County Board of Appeals. The Board of Appeals shall affirm the decision of the County official or the APF Techical
Committee unless the Board finds the decision to be arbitrary,
capricious, or illegal.
