Skip to code content (skip section selection)
(a) Purpose. The purpose of this article is to avoid the premature development of land where public facilities, including transportation, are inadequate. It is intended to promote better timing of development with the provision of adequate public facilities.
(b) Definitions. In this article, the following words and phrases have the meanings stated, unless the context clearly indicates otherwise.
(1) Development means proposed work to construct, enlarge, or alter a building for which a building permit is required. Development does not include an addition to, or renovation or replacement of, an existing building if, as measured under guidelines adopted by the Planning Board for calculating numbers of vehicle trips and students:
(A) occupants of the building would generate fewer than 30 total peak hour vehicle trips; or, if they would generate more than 30 trips, the total number of trips would not increase by more than 5 over the number of trips generated by the building at full occupancy; and
(B) the number of public school students who will live in the building would not increase by more than 5 over the number of students generated by the building at full occupancy.
(2) Non-residential development means any development that does not contain only any type of dwelling or dwelling unit (including a multiple-family building, mobile home or townhouse) as defined in Section 59-A-2, and any extension, addition, or accessory building.
(3) Existing building means a building that is substantially intact when an application for a building permit for renovation, replacement, or reconstruction is filed.
(4) Renovation means an interior or exterior alteration that does not affect a building’s footprint.
(5) Replacement means demolition or partial demolition of an existing building and rebuilding that building. A replacement building may exceed the footprint of the previous building.
(6) Recorded lot means any parcel, lot, or other tract of land recorded as developable property among the County land records.
(7) Timely adequate public facilities determination means an adequate public facilities determination by the Planning Board that is required before a building permit is issued, or is within the time limits prescribed by law for the validity of an adequate public facilities determination, or both. (1990 L.M.C., ch. 3, § 2; 1996 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 2 , § 2; 2006 L.M.C., ch. 5, § 1; 2010 L.M.C., ch. 39, § 1.)