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(A) Required. ATC is required for all years in the current six-year CIP.
(B) Designation as inadequate. No project may be approved by the Commission if a public facility or service is inadequate or projected to be inadequate during the current CIP, unless a relief facility is planned to address the inadequacy or the developer provides mitigation acceptable to the county or the Board of County Commissioners has determined that exceptional circumstances exist to allow the approval despite the inadequacy or approaching inadequacy. No residential plat may be recorded or final residential site plan approved until a relief facility planned to address the inadequacy in the current CIP has construction underway and completion is anticipated within six months or the developer provides mitigation acceptable to the county or the Board of County Commissioners has determined that exceptional circumstances exist.
(C) Preliminary approval. For projects that received preliminary approval by the Commission after March 5, 1998, and prior to April 22, 2004, the developer shall submit the project to the Commission for issuance of a recordation schedule and building permit reservations. For projects that received preliminary approval by the Commission prior to March 5, 1998, the project shall be tested for adequacy when final plan approval is sought pursuant to § 156.06(E).
(D) Threshold requirements.
(1) Adequacy.
(a) Schools. An elementary or high school serving a proposed project is adequate, for the purposes of this subchapter, when current or projected enrollment equals or is less than 109% of the state-rated capacity. A middle school serving a proposed project is adequate, for the purposes of this subchapter, when current or projected enrollment equals or is less than 109% of the functional capacity.
(b) Roads. Projected level of service for road segments and intersections within the traffic impact study area for the proposed project is adequate if rated Level of Service C or better, according to the Department of Public Works or by the state, as applicable.
(c) Fire and emergency medical services. Services are adequate if:
1. Total number of late and no responses is less than 15%, and the total number of no responses is less than 4% measured on a 24-month basis, updated monthly;
2. Using an average over the previous 24 months, response time is eight minutes or less from time of dispatch to on-scene arrival with adequate apparatus and personnel; and
3. All bridges and roads for the most direct route or acceptable secondary route to the project site are adequate to support fire and emergency response apparatus.
(d) Police services. Services are adequate if the projected ratio of sworn law enforcement officers to population is 1.3:1,000. The ratio shall be calculated by counting all sworn officers with law enforcement responsibility in an incorporated municipality or within the county and by counting the total population within the incorporated municipalities and within the unincorporated county.
(e) Water and sewer services. For water services, the facility is adequate if the maximum day demand is less than 85% of the total system production capacity. For sewer services, the facility is adequate if the projected annual average daily flow is less than 85% of the wastewater treatment facility permitted capacity.
(2) Approaching inadequacy.
(a) Schools. An elementary school serving a proposed project is approaching inadequate, for the purposes of this subchapter, when current or projected enrollment is 110% to 119% of the state-rated capacity. A middle school serving a proposed project is approaching inadequate, for the purposes of this subchapter, when current or projected enrollment is 110% to 119% of the functional capacity. A high school serving a proposed project is approaching inadequate, for the purposes of this subchapter, when current or projected enrollment is 110% to 119% of the state-rated capacity.
(b) Roads. Projected level of service for road segments and intersections within the traffic impact study area for the proposed project is approaching inadequate if rated Level of Service D, according to the Department of Public Works or by the state, as applicable.
(c) Fire and emergency medical services. Services are approaching inadequate if:
1. Either the total number of late and no responses equals or exceeds 15%, or the total number of no responses equals or exceeds 4% measured on a 24-month basis, updated monthly, but not both; or
2. Using an average over the previous 24 months, response time is between eight and ten minutes from time of dispatch to on-scene arrival with adequate apparatus and personnel.
(d) Police services. Services are approaching inadequate if the projected ratio of sworn law enforcement officers to population is between 1.2-1.3:1,000. The ratio shall be calculated in accordance with division (D)(1)(d) above.
(e) Water and sewer services. For water services, the facility is approaching inadequate if the projected maximum day demand is equal to or greater than 85% but less than 95% of the total system production capacity. For sewer services, the facility is approaching inadequate if the projected annual average daily flow is greater than or equal to 85% but less than 95% of the wastewater treatment facility permitted capacity.
(3) Inadequacy.
(a) Schools. An elementary school serving a proposed project is inadequate, for the purposes of this subchapter, when current or projected enrollment is equal to or greater than 120% of the state-rated capacity. A middle school serving a proposed project is inadequate, for the purposes of this subchapter, when current or projected enrollment is equal to or greater than 120% of the functional capacity. A high school serving a proposed project is inadequate, for the purposes of this subchapter, when current or projected enrollment is equal to or greater than 120% of the state-rated capacity.
(b) Roads. Projected Level of Service for road segments and intersections within the traffic impact study area for the proposed project is E or F, according to the Department of Public Works or by the state, as applicable.
(c) Fire and emergency medical services. Services are inadequate if:
1. Total number of late and no responses equals or exceeds 15%, and the total number of no responses equals or exceeds 4% measured on a 24-month basis, updated monthly;
2. Using an average over the previous 24 months, response time exceeds ten minutes from time of dispatch to on-scene arrival with adequate apparatus and personnel; or
3. A bridge or road is inadequate to support fire and emergency response apparatus for the most direct route and a bridge or road is inadequate to support fire and emergency response apparatus for the acceptable secondary route to the project site.
(d) Police services. Services are inadequate if the projected ratio of sworn law enforcement officers to population is anything less than 1.2:1,000. The ratio shall be calculated in accordance with division (D)(1)(d) above.
(e) Water and sewer services. For water services, the facility is inadequate if the projected maximum day demand is equal to or greater than 95% of the total system production capacity. For sewer services, the facility is inadequate if the projected annual average daily flow is greater than or equal to 95% of the wastewater treatment facility permitted capacity.
(4) Building permit requirements. The availability of building permit reservations as limited by a building permit cap as adopted pursuant to § 156.04.
(2004 Code, § 71-5) (Ord. 161, passed 3-5-1998; Ord. 02-12, passed 8-13-2002; Ord. 04-13, passed 4-20-2004; Ord. 08-01, passed 2-14-2008; Ord. 2010-04, passed 4-1-2010; Ord. 2012-02, passed 2-23-2012; Ord. 2018-09, passed 11-29-2018)
(A) Compliance. No development project subject to this chapter may be approved by the Planning Commission until the project has satisfied the requirements of this chapter.
(B) Violations. Any permit or approval obtained in violation of this chapter is void.
(C) Concept process.
(1) A concept concurrency application for a residential subdivision or other project subject to this chapter shall be submitted when a concept plan, pursuant to Chapter 155, is submitted to the Department. The application shall contain:
(a) The number of units, type of units, and gross density of the proposed project;
(b) The location of the proposed project;
(c) Identification of the public facilities impacted by the proposed project;
(d) The tax account identification number; and
(e) Any other relevant information required by the county.
(2) Upon acceptance by the county of a completed concept concurrency application, the Department shall review the proposed project for ATC and compliance with this chapter. The Department, as staff to the Planning Commission, shall issue a tentative determination as to the adequacy of public facilities. The tentative determination does not constitute any guarantee of adequacy of public facilities and is not binding upon the Planning Commission.
(3) The tentative determination shall expire six months after issuance unless a preliminary plan is submitted and accepted for review in accordance with Chapter 155.
(D) Preliminary process.
(1) Application. A preliminary concurrency application for a residential subdivision or other project subject to this chapter shall be submitted when a preliminary plan, pursuant to Chapter 155, is submitted to the Department. The application shall contain:
(a) The number of units, type of units, and gross density of the proposed project;
(b) The location of the proposed project;
(c) Identification of the public facilities impacted by the proposed project;
(d) A traffic impact study for roads and intersections completed in accordance with the traffic impact study guidelines contained in the Department of Public Works’ Design Manual, Volume I, Roads and Storm Drains, as revised or amended;
(e) The tax account identification number; and
(f) Any other relevant information required by the county.
(2) Distribution and review.
(a) After all review agency comments have been addressed and the Department has determined that the preliminary plan may be presented to the Planning Commission, the Department shall distribute the ATC form and preliminary plan to the appropriate agencies for review and comment.
(b) Upon receipt of all applicable agency comments and ATC forms, the Department shall review the proposed project for ATC and compliance with this chapter.
(c) If no response is received from any applicable agency within 30 days of the date the Department distributes the ATC form, the ATC shall be presumed adequate for the particular facility or service for which no response was received.
(d) No preliminary plan may be presented to the Planning Commission until the written report is prepared pursuant to division (D)(3) below.
(e) The preliminary plan may not be withdrawn from the Planning Commission agenda by the developer after the distribution of the ATC form. The preliminary plan shall be presented to the Planning Commission for adequacy approval.
(3) Report. The Department shall forward a written report to the Planning Commission including a recommendation as to whether adequacy approval should be granted and the following information:
(a) The number and type of units the proposed project would generate;
(b) The specific public facilities impacted by the proposed project;
(c) The extent of impact of the proposed project;
(d) The availability of ATC to serve the proposed project during the scheduled completion year and all remaining years in the existing CIP;
(e) The demand on existing and planned public facilities and services from all existing and approved development in the proposed project’s applicable service area or district, including lots or projects not subject to this chapter, as follows:
1. Existing lots and subdivisions, including residential units which have been approved by the Planning Commission, in the impact area; and
2. All residential building permits proposed or projected in the impact area for the six-year CIP period including units which are not subject to this chapter, such as off conveyances, minor subdivisions in the “A” District, and residential projects located in incorporated municipalities.
(f) If any existing facilities or services are inadequate, whether any facilities or services are planned in the CIP or budget that would alleviate the inadequacy, including the year in which the facilities or services are projected to be completed and operational and the extent to which they would alleviate the inadequacy.
(4) Planning Commission adequacy determination.
(a) Denial. If a public facility or service is inadequate or projected to be inadequate during the current CIP at the preliminary plan stage and no relief facility is planned in the six-year CIP to address the inadequacy or no mitigation is accepted by the county pursuant to § 156.06(B), the plan shall be denied by the Commission. At the request of the developer, the plan may be placed in a queue and retested on an annual basis.
(b) Conditional approval. If a public facility or service is inadequate and a relief facility is planned in the six-year CIP to address the inadequacy or mitigation is accepted by the county pursuant to § 156.06(B), or a public facility or service is approaching inadequate during the current CIP, the Planning Commission may conditionally approve the plan to proceed to the final plan stage and issue a tentative recordation schedule and tentative building permit reservations, subject to modification at the final plan stage.
(c) Approval. If all public facilities and services are adequate during the current CIP, the Planning Commission may approve the plan to proceed to the final plan stage and issue a recordation schedule and building permit reservations, subject to a building permit cap adopted by the County Commissioners in effect at the time of application for building permits.
(5) Retesting. For projects released from a queue, the project will be retested as to the facility or service which was inadequate or projected to be inadequate, in accordance with this division (D).
(E) Final process.
(1) Application. A final concurrency application for a residential subdivision or other project subject to this chapter shall be submitted when a final plat or site plan, pursuant to Chapter 155, is submitted to the Department. The application shall contain:
(a) The number of units, type of units, and gross density of the proposed project;
(b) The location of the proposed project;
(c) Identification of the public facilities impacted by the proposed project;
(d) The tax account identification number;
(e) For a site plan, a traffic impact study for roads and intersections completed in accordance with the traffic impact study guidelines contained in the Department of Public Works’ Design Manual, Volume I, Roads and Storm Drains, as revised or amended; and
(f) Any other relevant information required by the county.
(2) Distribution and review.
(a) After all review agency comments have been addressed and the Department has determined that the final plan may be presented to the Planning Commission, the Department shall distribute the ATC form and final plan to the appropriate agencies for review and comment.
(b) Upon receipt of all applicable agency comments and ATC forms, the Department shall review the proposed project for ATC and compliance with this chapter.
(c) If no response is received from any applicable agency within 30 days of the date the Department distributes the ATC form, the ATC shall be presumed adequate for the particular facility or service for which no response was received.
(d) No final plan may be presented to the Planning Commission until the written report is prepared pursuant to division (D) below.
(e) The final plan may not be withdrawn from the Planning Commission agenda by the developer after the distribution of the ATC form. The final plan shall be presented to the Planning Commission for adequacy approval.
(3) Report. The Department shall forward a written report to the Planning Commission including a recommendation as to whether adequacy approval should be granted and the following information:
(a) The number and type of units the proposed project would generate;
(b) The specific public facilities impacted by the proposed project;
(c) The extent of impact of the proposed project;
(d) The availability of ATC to serve the proposed project during the scheduled completion year and all remaining years in the existing CIP;
(e) The demand on existing and planned public facilities and services from all existing and approved development in the proposed project’s applicable service area or district, including lots or projects not subject to this chapter, as follows:
1. Existing lots and subdivisions, including residential units which have been approved by the Planning Commission, in the impact area;
2. All residential building permits proposed or projected in the impact area for the six-year CIP period, including units which are not subject to this chapter, such as off conveyances, minor subdivisions in the “A” District, and residential projects in incorporated municipalities.
(f) If any existing facilities or services are inadequate, whether any facilities or services are planned in the CIP or budget that would alleviate the inadequacy, including the year in which the facilities or services are projected to be completed and operational and the extent to which they would alleviate the inadequacy.
(4) Planning Commission adequacy determination.
(a) Denial. If a public facility or service is inadequate or projected to be inadequate during the current CIP at the final plan stage and no relief facility is planned in the six-year CIP to address the inadequacy or no mitigation is accepted by the county pursuant to § 156.06(B), the plan shall be denied by the Planning Commission. At the developer’s request, the plan may be placed in a queue and retested on an annual basis.
(b) Conditional approval. If a public facility or service is inadequate and a relief facility is planned in the six-year CIP to address the inadequacy or mitigation is accepted by the county pursuant to § 156.06(B) or a public facility or service is approaching inadequate, the Planning Commission may approve the plan subject to a phasing plan for recordation or may defer the project and place the plan in a queue to be retested on an annual basis. The Director of the Department may approve amendments to phasing plans.
(c) Approval. If adequacy was not determined by the Planning Commission at the preliminary plan stage and the Planning Commission determines that all public facilities and services are adequate, the Planning Commission may approve the plan and issue a recordation schedule and building permit reservations.
(d) Conditional approval. For projects that received a conditional approval and tentative recordation schedule at the preliminary plan stage, the Planning Commission shall review the facility or service which was inadequate or approaching inadequate at the preliminary plan stage and may modify the recordation schedule and building permit reservations or place the project in a queue, at the discretion of the Planning Commission.
(e) Permit cap. For projects that received a recordation schedule and building permit reservations at the preliminary plan stage, the Planning Commission’s Secretary shall inform the developer whether any existing or proposed building permit cap would be applicable to the project.
(f) Extensions. The Director of the Department may grant extensions to recordation deadlines for successive one year periods. The denial of an extension request does not constitute an order, requirement, decision or determination made by an administrative official for the purposes of § 158.133 of Chapter 158, Zoning. If an extension request is denied by the Director of the Department, the request may be presented to the Planning Commission and a decision of the Planning Commission may be appealed to the BZA in accordance with § 158.133.
(F) Inventory. The Department shall maintain an inventory of the disposition and current status of all pending projects, including those not subject to this chapter, and any queue.
(G) Fees. The county may assess fees to offset the costs of administering this chapter.
(H) Sunset provisions. In the event a project is placed in a queue, the Director of the Department may extend the sunset provision in accordance with § 155.032. If a project is placed in a queue due to an inadequacy or approaching inadequacy for schools, the plan may be re-tested when the annual enrollment projections are released by the Carroll County Board of Education.
(2004 Code, § 71-6) (Ord. 161, passed 3-5-1998; Ord. 02-12, passed 8-13-2002; Ord. 04-13, passed 4-20-2004; Ord. 08-01, passed 2-14-2008; Ord. 2010-04, passed 4-10-2010; Ord. 2011-02, passed 5-17-2011)
(A) The Department shall develop and maintain a complete residential development database for use by the county, incorporated municipalities, and the public. The database shall contain the following information:
(1) For each school district, fire district, community planning area, incorporated municipality, and other designated geographical boundary, the number of projects, lots, and residential units subject to this chapter and the number of projects, lots, and residential units not subject to this chapter;
(2) For each school district, community planning area, and other designated geographical boundary, a calculation of the ATC, for both residential and commercial/industrial land uses, for the facilities and services covered by this chapter, including the additional capacity of future public facilities in the CIP for which funds may be committed within the next six years; and
(3) The current population and projected population growth.
(B) The Department shall prepare an annual concurrency management report for use by the Commission and the county in reviewing the CIP and in administering this chapter. In conjunction with its recommendations on the CIP, the Planning Commission shall forward its comments on the report to the County Commissioners with recommendations for building permit caps designated by area or county-wide; capital improvements needed to serve residential development; and amendments to this chapter. The concurrency management report shall contain:
(1) A summary of all subdivisions and site plans approved by the Planning Commission, approved lots, units, and projects subject to this chapter, building permits issued;
(2) A summary of all units, lots, and projects not subject to this chapter, including an annual average for the last four fiscal years of all residential permits not subject to this chapter, including off conveyances, minor subdivisions in the “A” District, pre-existing lots, and residential projects located in incorporated municipalities;
(3) An examination of growth trends and projections in the county, including building permits issued during the preceding six fiscal years;
(4) Facility capacity information for each public facility and service listed in this chapter, including projections of capacity for each of the six years in the CIP;
(5) For each school, functional capacity, state-rated capacity, and any other relevant information;
(6) Student population projections by the Carroll County Board of Education and by the county;
(7) An evaluation of fire and emergency medical services with respect to late and no responses, response time, and adequacy of roads and bridges for each volunteer fire department;
(8) For each threshold adopted by the county, a calculation of remaining capacity;
(9) An inventory of timing of relief facilities in the CIP to mitigate current and future inadequacies and a staff recommendation for future capital improvements and building permit caps to achieve concurrency;
(10) A cumulative total of all approvals and denials under this chapter, including a list of projects placed in a queue for an inadequate or approaching inadequate facility or service;
(11) Proposed changes to the boundaries of impact areas for any public facility;
(12) Proposed changes to existing or adopted threshold standards;
(13) Proposed changes in concurrency analysis methodologies; and
(14) Recommended amendments to this chapter, including but not limited to changes to the thresholds imposed by this chapter, and changes to the concurrency management or development review programs.
(C) When a facility or service approaches inadequacy as determined by the Department or government agency responsible for funding the facility or service, the Department shall recommend changes to the ATC and adoption of a building permit cap in accordance with this chapter to the Board of County Commissioners.
(2004 Code, § 71-7) (Ord. 161, passed 3-5-1998; Ord. 02-12, passed 8-13-2002; Ord. 04-13, passed 4-20-2004; Ord. 08-01, passed 2-14-2008; Ord. 2012-02, passed 2-23-2012)