§ 16.1100. Short title; background; purpose; organization.

(a)

Short Title. This subtitle shall be known as the Adequate Public Facilities Act of Howard County.

(b)

Background:

(1)

Growth management process. Underlying this subtitle is the need to provide a growth management process that will enable the County to provide adequate public roads, schools, and other facilities in a timely manner and achieve general plan growth objectives and to provide information to other agencies of the County and State, as well as to the public, so that they can plan accordingly. This process is designed to provide predictability to all parties and to direct growth to areas where adequate infrastructure exists or will exist.

(2)

Basis of growth management process. The growth management process is based on the following assumptions:

(i)

The general plan and zoning plan define land use and the distribution and pace of development.

(ii)

The government has a responsibility to fund and construct adequate public facilities in a timely and coordinated manner.

(iii)

A growth management process will result in more predictable residential and commercial development.

(iv)

A commitment from government and the community to the growth management process is fundamental to achieving adequate public facilities.

(3)

Elements of the growth management process . This subtitle is one of five interconnected elements that constitute the growth management process. Each element has a part to play in providing the predictability required for planning and implementing adequate public facilities.

(i)

Establishing policy . The general plan, the zoning plan, and the standards in this subtitle constitute the policy base for the growth management process. This common base is the platform from which data are generated and planning documents written.

(ii)

Capital planning . Capital improvement master plans define the necessary public school, road, solid waste, and water and sewerage infrastructure which supports the land use and growth policies established in the general plan. Capital improvement master plans will minimally contain planning assumptions, standards of service, descriptions of additions and improvements, justification and priorities for additions and improvements, and budget projections for each of the next ten years. The plans will be reviewed and approved annually.

(iii)

Revenue allocation . Limited resources will require coordinated allocation of funds for roads, schools and other facilities. The Planning Board, the County Executive, the County Council, and participating agencies and departments will work together to review priorities and budget projections included in the capital improvement master plans. The County Council will conduct a public hearing and, through adoption of the capital budget and capital improvement program, will approve the distribution of funds across capital improvement master plans.

The building excise tax (see title 20, subtitle 5 of the Howard County Code), enhances the County's ability to provide adequate public road facilities.

(iv)

Adequate public facilities . The general plan guides where and when growth occurs. The adequate public facilities process and standards will manage growth so that facilities can be constructed in a timely manner.

a.

Within one year of the enactment date of the general plan, as required by section 16.801 of this Code, an Adequate Public Facilities Act Review Committee shall be convened. The Review Committee shall meet, conduct at least two public hearings, and, within one year of its first meeting, submit a report with recommendations on the Adequate Public Facilities Act to the County Executive and the County Council. The Committee shall be staffed by the Department of Planning and Zoning.

b.

Five years after the Review Committee has issued its recommendations, another Review Committee shall be convened to evaluate the impact of the previous recommendations which have been implemented and make any additional recommendations.

c.

Each Review Committee shall be comprised of:

1.

Two appointees from each member of the County Council;

2.

Three appointees from the County Executive; and

3.

One appointee from the Board of Education; and

4.

One appointee from the Howard County Public School System Superintendent.

(v)

Monitoring growth . The Department of Planning and Zoning will develop statistics and other pertinent data which will be continually used to assess the growth management process so that status reports can be prepared and adjustments recommended regarding the growth management process.

(c)

Purpose. The purpose of this subtitle is to provide a predictable planning environment for the provision of adequate road facilities and adequate public schools facilities by requiring residential and nonresidential projects to pass certain tests as a condition of subdivision or site development plan approval.

(d)

Organization and Contents of This subtitle:

(1)

Definitions. The meanings of certain words and phrases used in this subtitle are found in section 16.1110, "Definitions," of this subtitle.

(2)

Adequate road facilities means this subtitle requires residential and nonresidential projects to be tested for adequate road facilities. Section 16.1101 deals with this test and its implementation.

(3)

Housing unit allocation concept means the housing unit allocation concept underlies the tests for adequate public facilities. Section 16.1102 deals with this concept.

(4)

Adequate school facilities means this subtitle requires residential projects to be tested for adequate public school facilities. Section 16.1103 deals with these tests.

(5)

Housing unit allocation process means residential projects are granted housing unit allocations. Section 16.1104 deals with the process for granting these allocations.

(6)

Processing plans, see: Section 16.1105 deals with the process by which the test for adequate road facilities and the tests for adequate public school facilities are incorporated into the subdivision and site development plan review and approval process.

(7)

Milestones. see: Section 16.1106 deals with milestones, an additional tool to provide a predictable planning environment and assure that housing unit allocations are utilized.

(8)

Exemptions means certain projects are exempted, partly or wholly, from the test for allocations and/or the test for adequate road facilities and/or the tests for adequate school facilities. Section 16.1107 lists the exemptions.

(9)

Development monitoring system means a development monitoring system provides information on the County's employment and residential growth. Section 16.1108 mandates the creation of a development monitoring system.

(10)

Appeals, see: Section 16.1109 deals with appeals made in connection with this subtitle.

(C.B. 7, 1992; C.B. 39, 1995; C.B. 5, 2000; C.B. 50, 2000; C.B. 1, 2018, § 2)

Editor's note

Former § 16.1100, which authorized the County to fix impact fees, was enacted by ch. 239 of the 1991 Laws of Maryland and was repealed by ch. 285 of the 1992 Laws of Maryland.