(a) General requirement. Except as provided in this section, mitigation consists of the construction or funding of improvements to offsite public facilities by a developer that increase capacity, are compatible with the function, safety, and capacity of multi-modal transportation infrastructure, and improve environmental effectiveness or safety of each public facility that is below the minimum standard in the impact area so that the capacity, environmental effectiveness or safety of the facility in the scheduled completion year will be equal to or greater than if the development had not been constructed. A school capacity mitigation plan may also include donation of land to the Board of Education for future school facilities construction. A mitigation plan may include donation of land to the Board of Education for future school facilities construction pursuant to subsection (h)(2), physical improvements secured by bond, letter of credit or other security acceptable to the County, which shall be provided under a public works agreement or grading permit, or an agreement with the Board of Education to construct school facilities, including a contract school, or payment of storm drain fees in excess of those required by Title 11, or contributions to existing capital projects and shall be approved by the Planning and Zoning Officer. The developer shall submit the most recent tax assessment information for any land to be donated to the Board of Education, a cost estimate to establish the value of construction or off-site improvements offered in mitigation, and a cost estimate for construction and improvements in conformance with County specifications may be approved by the Planning and Zoning Officer, who may also require a mitigation agreement to ensure compliance with the requirements of this section. An agreement with the Board of Education to construct school facilities or for the donation of land for a school site must comply with applicable State law and be approved by resolution introduced by the County Executive and adopted by the County Council.
(b) Freeway interchanges and freeway through lanes. If mitigation to an intersection under subsection (a) would require the construction of or improvements to freeway interchanges or freeway through lanes, the mitigation required to pass the test for adequate road facilities shall increase the capacity of the intersection to the fullest extent possible without constructing the improvements to the freeway interchanges or freeway through lanes.
(c) Parole Town Center Growth Management Area. In the Parole Town Center Growth Management Area, mitigation consists of one or more of the following as directed by the Office of Planning and Zoning:
(1) improvements to each substandard intersection that will have a positive effect on the substandard intersection;
(2) construction of or improvements to one or more road links that will have a positive effect on each substandard intersection;
(3) a significant capital improvement that will improve the County’s ability to provide public transportation in the Parole Town Center Growth Management Area; or
(4) an acceptable paratransit operation or ridesharing program to mitigate traffic impact.
(d) Glen Burnie Sustainable Community Overlay Area. In addition to other mitigation allowed under this section, mitigation in the Glen Burnie Sustainable Community Overlay Area for redevelopment in accordance with Title 7, Subtitle 3 and Article 18, Title 14, Subtitle 6, may include:
(1) improvements to a substandard intersection, construction of a new road, improvements to other existing roads, provision of smart signalization systems, or diversion of trips from automobile to other modes;
(2) contributions to a County capital project, a State project, or a County fund earmarked for a State project for road improvements and construction in the Glen Burnie Sustainable Community Overlay;
(3) improvement of the County’s ability to provide public transportation in the Glen Burnie Sustainable Community Overlay;
(4) the provision of or contribution to long-term satellite parking in or in the vicinity of the Glen Burnie Sustainable Community Overlay that is served by public transit, shuttle service, or ride sharing; or
(5) the provision of traffic design and traffic directions using intelligent transportation systems, transportation system management, or other measures to direct traffic to alternate routes through less congested intersections.
(e) Odenton Town Center. In the Odenton Town Center, mitigation consists of one or more of the following as directed by the Office of Planning and Zoning:
(1) improvements to a substandard intersection, construction of a new road, improvements to other existing roads, provision of smart signalization systems, or diversion of trips from automobile to other modes of transportation;
(2) contributions to a County capital project, a State project, or a County fund earmarked for a State project for road improvements and construction in the Odenton Town Center;
(3) a significant capital improvement that will improve the County’s ability to provide public transportation in the Odenton Town Center;
(4) the provision of or contribution to long-term satellite parking in or in the vicinity of the Odenton Town Center that is served by public transit, shuttle service, or ride sharing;
(5) the provision of traffic design and traffic directions using intelligent transportation systems, transportation system management, or other measures to direct traffic to alternate routes through less congested intersections; or
(6) improvements to bicycle, pedestrian, and transit infrastructure.
(f) Development within one-half mile of existing or programmed bus or rail transit. Mitigation for development within one-half mile of existing or programmed bus or rail transit service may include the execution of an agreement in a form acceptable to the County and binding on the developer and the developer’s successors and assigns, to mitigate for six years from the date of final plan approval. Mitigation may include the purchase of annual bus passes, installation or construction and maintenance of bus stops and passenger shelters at locations acceptable to the Office of Planning and Zoning, or enrollment in a ride share program administered by the County. For purposes of this subsection, programmed bus or rail transit service means routes with available funding.
(g) Reports. Except when mitigation is not required, the developer or the developer’s successors and assigns who provide mitigation pursuant to subsection (d) shall file with the Office of Planning and Zoning an annual report attesting to the purchase and average use of annual bus or rail transit passes, the levels of participation in ride share programs, or other evidence of mitigation as required by the Office of Planning and Zoning.
(h) Watershed management tool. The developer shall prepare a storm drainage management plan using all available information from the watershed management tool to avoid adverse environmental impacts and prioritize improvements.
(i) School Capacity Mitigation Agreement.
(1) Pursuant to this section and § 17-5-501 a developer may enter into a School Capacity Mitigation Agreement acceptable to the Planning and Zoning Officer to provide capital improvements to increase school capacity, including construction of a contract school, to resolve existing capacity deficiencies and to mitigate the predicted increase in student enrollment in schools required to be adequate for the development, as determined by the Board of Education, so that the capacity of the school in the scheduled completion year will be equal to or greater than if the development had not been constructed. Approvals of the development may not be granted until the capital improvements are completed by the developer and accepted by the Board of Education, or adequate security for completion of the capital improvements is provided by the developer. The capital improvements provided by the developer pursuant to a School Capacity Mitigation Agreement shall be available to any portion of the developer’s specified property or project and shall provide school capacity to allow approval of subdivision sketch plan applications filed for the property or project within six years of the date of the School Capacity Mitigation Agreement. The six year filing deadline may be extended by the Planning and Zoning Officer for good cause shown.
(2) If enrollment at an elementary, middle, or high school is in excess of 95% but less than 100% of the State-rated capacity, then pursuant to this section and § 17-5-501, a developer may enter into an agreement acceptable to the Planning and Zoning Officer and approved by the Board of Education to donate land to the Board of Education for future school facilities construction.
(i) Land donations as school mitigation may not be approved by the Planning and Zoning Officer unless the Planning and Zoning Officer and the Board of Education determine that:
1. the land to be donated is suitable for a school site in the same feeder district as the development;
2. the land to be donated is suitable to be added to an existing school site for a school that is over the State-rated capacity, in the same school feeder district as the development, and suitable for expansion; or
3. the land to be donated is suitable for use as a portion of a school site in the same feeder district as the development, and the Board of Education reasonably expects other school mitigation land donations sufficient to comprise a developable school site; and
4. that development of a donated site or partial site for new or expanded school facilities can reasonably be expected to proceed to construction no later than six years after the date of donation.
(ii) A land donation shall mitigate school capacity deficiencies based on the following formula: the per-student school capacity created by a land donation shall be calculated by dividing the State tax assessment at the time of donation of the property donated by the current cost-per-student cost of school construction (as provided by the Board of Education) of the same class of school facility as that which was deficient in the feeder district.
(iii) Mitigation by land donation must be sufficient to mitigate existing school deficiencies as well as the additional capacity generated by the development.
(iv) The capacity created by a land donation shall be available to any portion of the developer’s specified property or project and shall provide school capacity to allow approval of subdivision sketch plan applications filed for the property or project within six years of the date of the School Capacity Mitigation Agreement. The six year filing deadline may be extended by the Planning and Zoning Officer for good cause shown.
(j) Transportation Capacity Mitigation Agreement. Pursuant to this section and § 17-5-401 a developer may enter into a Transportation Capacity Mitigation Agreement to provide capital improvements to increase road capacity to resolve existing roadway deficiencies and to mitigate the traffic impact of all phases of a proposed development by providing roadways adequate for the project. Approvals for development within the project may not be granted until the capital improvements specified in the Transportation Capacity Mitigation Agreement are completed by the developer and accepted by the County, or adequate security for completion of the capital improvements is provided by the developer. The capital improvements provided by the developer pursuant to a Transportation Capacity Mitigation Agreement shall be available to any portion of the developer’s specified property or project and shall provide roadway capacity to allow approval of sketch plan or site development plan applications filed for the property or project within six years of the date of the Transportation Capacity Mitigation Agreement. The six year filing deadline may be extended by the Planning and Zoning Officer for good cause shown.
(Bill No. 3-05; Bill No. 77-05; Bill No. 59-10; Bill No. 47-12; Bill No. 20-13; Bill No. 78-18; Bill No. 64-20; Bill No. 65-21; Bill No. 85-21; Bill No. 84-23)
Editor’s note – Additional legislative history for this section may be found in Bill No. 92-17.