Revised Draft:  Emmitsburg Adequate Public Facilities Ordinance (APFO)
Sponsor:  William B. O'Neil, Jr.; Reviewed & Edited by Town Commission
Draft Iteration 11062006

Article I - In General

Section 1-20-1    Title

This chapter shall be known and cited as the "Adequate Public Facilities Ordinance of the Town of Emmitsburg, Maryland."

(Ord. No., §)

Section 1-20-2    Authority

This chapter is established in accordance with the provisions of Article 66B of the Annotated Code of Maryland.

(Ord. No., §)

Section 1-20-3    Jurisdiction

The provisions of this chapter shall apply to all lands within the territorial limits of the Town of Emmitsburg.

(Ord. No., §)

Section 1-20-4    Intent

This chapter is adopted with the intent that new residential, industrial and other development take place in accordance with the Town of Emmitsburg Comprehensive Plan and the Capital Improvements Program and to ensure that adequate public facilities and services are available concurrent with new development so that orderly development and growth can occur.  For the purposes of this chapter, public facilities include roads, water supply and distribution systems, school capacity, sewerage disposal systems, recreational facilities, and emergency services.  A developer shall not avoid the intent of this section by submitting piecemeal applications for preliminary plats or site plans. 

Section 1-20-5   Definitions

(A)   The following rules of construction shall apply to the text of the chapter:

(1)  The particular will control the general.

(2)  The words “shall” and “will” are always mandatory and not discretionary.  The word “may” is permissive.

(3)  Words used in present tense include the future; and words used in the singular number include the plural; and the plural includes the singular; words of the masculine gender will include the feminine and the neuter gender will refer to any gender as required, unless the context plainly indicates the contrary.

(4)  A building or structure includes any part thereof.

(5)  The phrase “used for” includes “arranged for, designed for, intended for, maintained for, or occupied for.”

(6)  The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity;

(7)  Unless it is plainly evident from the context that a different meaning is intended, a regulation which involves two (2) or more items, conditions, provisions, or events, connected by the conjunction “and, or” or “either…or,” the use of the conjunction is defined as follows:

a.)       “And” means that all connected items, conditions, provisions, and events apply together and not separately.

b.)       “or” means that the connected items, conditions, provisions, or events apply separately or in any combination.

c.)       “Either…or” means that the connected items, conditions, provisions, or events shall apply separately but not in combination.

(8)  The word “includes” does not limit a term to the specified examples, but is intended to extends the term’s meaning to all other instances or circumstances of the like, kind or character.

(9)   When a term defined in the county/town subdivision regulations, zoning ordinance, or the county/town building code, occurs in this chapter, it has the meanings specified in the subdivision regulations, zoning ordinance, or building code, unless specifically defined in this chapter.

(10)                      The word “town” means the Town of Emmitsburg, Maryland. The word “county” means Frederick County, Maryland.  The word “state” means the State of Maryland.

(11)                      Throughout this chpter, all words, other than the terms specifically defined herein, have the meaning inferred from their context in this chapter or their ordinarily accepted definitions.

(B)   In this chapter, the following terms are used as defined unless otherwise apparent from the context:

Adequate public facilities (APF).  Those public facilities included in the context of this chapter which meet established minimum standards as further specified herein.

Adequate public facility letter of understanding.  A letter from the planning and zoning commission to the developer which sets forth all terms, conditions, and restrictions which must be satisfied for a finding of adequacy.

Amend or amendment.  Any repeal, modification, or addition to a regulation; any new regulation.

Background enrollment growth.  The average annual impact of equated student enrollment changes during the preceding three (3) years in the school attendance areas serving the proposed commission or planning and zoning commission staff for approval and which, if approved, will be submitted for recording among the land records for Frederick County.

Board of Commissioners.  The legislative body of Emmitsburg, Maryland

Board of Education.  The elected board of Education of Frederick County

Comprehensive Plan.  Emmitsburg’s Comprehensive Plan

County.  Frederick County

Developer.  Any individual commencing proceedings under this Ordinance to effect a subdivision or development of land for himself or for another.

De Minimus.  “De minimis” thresholds refer to a development of five (5) or fewer lots and having fewer than the "roads" thresholds of twenty five (25) total vehicle trips

Government projects.  Any building, structure, or alteration thereof paid for and used by the local, state or federal government entities.

Improvements.  Improvements shall mean storm sewers, sanitary sewers, water supply lines, roads, curbs, gutters, gas lines, electricity lines, water lines, walks, paths, trails and other accessory works and appurtenances, dwellings, farm buildings, and other principal accessory structures.

Level of Service (LOS).  A standardized index of relative services provided by a road or highway ranging from “A” to “F” with “A” representing free, unobstructed flow and “F” representing a forced flow beyond capacity of the facility as defined in the “Highway Capacity Manual” published by the Highway Reseach Board.

Lot.  A contiguous area of land separated from other areas of land by separate description (including a recorded deed, a subdivision plat, or record of survey map, or by metes and bounds) for purpose of sale, lease, transfer of ownership or separate use.

Lot of record.  Any lot legally recorded in the land records of the county which has been the subject of subdivision approval.

Major subdivision.  Any parcel which has been or is proposed to be subdivided to create six (6) pr more lots.

Minor subdivision.  Any parcel which has been or is proposed to be subdivided to create five (5) or fewer lots.

MXD. The Mixed Use Development Floating Zone established in section 1-19-324 of the Frederick County Code (1979). 

New  Development.  A “new development” consists of new subdivisions and site plans for new construction received for approval by the Emmitsburg Planning Commission after the effective date of this Ordinance.  New development also consists of construction activity requiring a building and/or zoning permit but does not consist of construction activity for agricultural purposes provided that, after said development, the parcel does not lose the “Agriculutural Use Assessment” classification as determined by the Department of Assessments and Taxation.

Original Tract of Land.  A parcel of real estate unsubdivided as of the date of adoption of this Ordinance.

Planning Commission. 

The Emmitsburg Planning Commission

Planning and Zoning Department.  A department within the county government / town government that provides information and assistance upon request by the Town of Emmitsburg and the planning commission and other functions as directed by the planning commission and/or board of county / town commissioners.

Preliminary plat. The preliminary drawings and supplementary materials indicating the proposed layout of the subdivision to be submitted to the planning commission for its consideration.

Public works agreement. A contract, between the developer and the county/town to complete the necessary improvements in accordance with the approved plans and specifications by a given date.

Residential Development.  The term “residential development” as used in this Ordinance means any lot, building or portion thereof used exclusively for dwelling units, including concomitant uses, and other uses of a residential nature for the individuals residing in said dwelling units.

Right-of-Way.  The land area designated, dedicated, or reserved for use as a highway, street, alley, interior walk, or for a drainage channel, or other public use.

Roads.  Public rights-of-way recognized and maintained by the state, county or municipality including, but not limited to, pavement, drainage, traffic control devices, bridges, and culverts.

Site development plan (Site plan).  A drawing that shows all of the existing conditions of a specified area (the site) and all of the improvements and changes proposed to be made on the site.  A site plan is the drawing required by the Zoning Ordinance for all new development and certain additions and must contain all applicable information as specified in the Zoning Ordinance.

State rated capacity (SRC).  The maximum number of students, as determined by the state, that can be reasonably accommodated in a school facility without significantly hampering delivery of the given educational program.  Portable classrooms shall not be used in computing the school capacity for the purposes of this Ordinance.

Structural adequacy.  Determination by county DPW design engineers that the pavement cross-section (or bridge design) is of sufficient depth and design to carry the increased traffic volume generated by the proposed development, including the heavy construction vehicles which will be present, without causing undue failure of the infrastructure.

Subdivision.  The division of a lot, tract or parcel of land into two (2) or more lots, parcels, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or for building development.  It includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or territory subdivided.

Zoning administrator.  The administrative officer in charge of zoning administration within the county/town Planning and Zoning Department. 

Section 1-20-6.  General Requirements.

(A)    In planning and developing any subdivision or any development, the developer shall comply with the general principles set forth in this chapter for the provision of adequate facilities; and in every case the developer shall observe the procedure outlined in this chapter.

(B)    A developer shall not avoid the intent of this chapter by submitting piecemeal applications for preliminary plats or site plans.  However, a developer may seek approval of only a portion of the subdivision or development, provided that the impact from all previously approved preliminaries or site plans from that development shall be considered during the APF review of each subsequent portion of the development.

(C)   Except as provided in section 1-20-7, all parcels must receive APFO approval prior to development or subdivision.  Pending commission decision on inclusion of 1-20-7 and 1-20-11, this may need to be stricken.

Article II - Administration

Section 1-20-20    Administrative Agency Designated

The Adequate Public Facilities Ordinance shall be administered by the Planning and Zoning Department.  All applications, maps, and documents relative to subdivision, or site plan approval and subject to the provisions of this chapter shall be submitted to the Planning and Zoning Department which will review all information and present the relevant information and its recommendations to the Planning Commission.  Final determination of adequacy shall be the responsibility of the Planning Commission.

(Ord, §)

Section 1-20-21    Referral to Other Agencies/Public Comment

(A) The Planning and Zoning Department may refer the subdivision, site and development plans to a town department, town agent, legal representative, or other agency that the town deems appropriate for its review, comments and/or recommendations pertaining to the adequacy of public facilities, and the Planning Commission in making its decision shall consider these recommendations. 

 (B) The Planning and Zoning Commission shall accept public comments and consider these comments as part of the record and its decision making process.

(Ord. No., §)

Section 1-20-22    Appeals

(A) Any person aggrieved by any action of the Planning and Zoning Commission, pursuant to this chapter, may first appeal the matter to Emmitsburg Town Board of Appeals.   The aggrieved party may also seek to appeal the matter before Circuit Court pursuant to Title 7, Chapter 200 of the Maryland Rules and, as applicable, the Court of Special Appeals.  The decision of the Circuit Court may be appealed to the Court of Special Appeals, or, upon certiorari, to the Court of Appeals of Maryland in accordance with Maryland Rules. 

(B)    The Mayor and Board of Town Commissioners may file a responsive pleading and be a party to or take an appeal to the Circuit Court of the county, to the Court of Special Appeals of Maryland, or, upon certiorari, to the Court of Appeals of Maryland of any decision made under this chapter.

(Ord. No., §)

Section 1-20-23    Amendments

(A) The Mayor and Board of Town Commissioners may amend the provisions of this chapter if the Board determines that any such amendment will be in the best interest of the citizens of the town and consistent with the general intent of this chapter.  Any person, group, agency or organization may initiate proposals for an amendment, by ordinance, by the Mayor and Board of Town Commissioners, by motion of the Planning Commission or by any other agency of the Town.

(B) Proposed amendments, taking the form of a municipal Ordinance, shall be filed with the Planning and Zoning office, copies of which shall be distributed to the Mayor and Board of Town Commissioners. The comments received from the municipalities shall be referred to the Planning Commission and Town Commissioners for their consideration.  The Planning Commission shall hold a public hearing on the proposed amendments and shall submit its recommendations or proposals to the Mayor and Board of Town Commissioners within 90 days of the public hearing.  The Mayor and Board of Town Commissioners shall hold a public hearing on the proposed amendment and shall render a decision within 90 days of the public hearing.  

(C)    Notice of the time and place of the public hearing, together with a summary of the proposed amendment shall be published in at least one newspaper of general circulation in the Town once each week for two (2) successive weeks, with the first such publication of notice appearing at least fourteen (14) days prior to the hearing.

(Ord. No., §)

Section 1-20-24    Fees

The Mayor and Board of Town Commissioners shall have the authority to establish, by resolution, fees for APF related services specified in this chapter, but in no event shall the fee charged be more than the costs incurred by the Town.

(Ord. No., §)

 Sections 1-20-25 -- 1-20-29    Reserved

 Article III - Roads

All new development shall be served by an adequate network of existing and proposed new roads.

Section 1-20-30    Thresholds

(A)    This article does not apply to developments which generate or are expected to generate less than twenty-five (25) total vehicle trips during the highest daily peak hour of the adjacent street traffic, as defined by the most recent edition of the Institute of Transportation Engineer's (ITE) "Trip Generation Manual", for the use category determined by the zoning administrator.  Said trips are driveway volumes in and out and may be a combination of "new" trips and "intercept" trips.

(B)    In determining whether or not a total of twenty-five (25) peak hour vehicle trips will be generated during the peak hour of the adjacent street traffic, all land at one location within the Town under common ownership or control by a developer shall be included.  The phrase "at one location" means all adjacent land of the developer, the property lines of which are contiguous or nearly contiguous at any point.  A developer may seek approval of only a portion of a subdivision or development which generates less trips than the criteria, provided that upon seeking approval of the remaining subdivision or development which generates trips greater than the criteria, including that approved previously under this subsection, the development will comply with the requirements of this section. 

(C)    For those residential applications falling above the overall APFO de minimis threshold of five (5) or fewer lots, yet having fewer than the "roads" thresholds of fifty (50) (25)total vehicle trips during the highest daily peak hour of the adjacent street, Town staff will maintain a cumulative database of these developments for the purpose of monitoring these respective impacts on roads and bridges.

(Ord. No., §; Ord. No., §)

(D)   Traffic analysis shall be conducted at the direction of the Town Commission and Mayor, with the supervision of town staff, utilizing qualified licensed and certified traffic engineers, planning consultants and other consultants as may be deemed necessary.  Such traffic analysis shall include an assessment of congested intersections, failing intersections, and possible increased traffic in alleys, most particularly the largest, East and West Lincoln Avenues and East and West North Avenues.

Section 1-20-31    Determination of adequacy

(A)    For all development applications exceeding the threshold criteria outlined in Section 1-20-30, a Traffic Impact Study (TIS) shall be prepared by the developer and submitted to the Planning Commission which will review it along with the County Department of Public Works.  The portion of existing road(s) required to be adequate shall be determined by the Planning Commission in consultation with the County Department of Public Works based on a pre-study conference or documented correspondence between the Town and the developer.  The Planning and Zoning Commission shall use as its guidelines the following two paragraphs, but may, in consultation with the developer, adopt a reasonable study area based on sound traffic engineering  knowledge of the site and the situation.  The Planning Commission shall resolve any disputes regarding study area or scope.

(1)     New public roads to be built as part of the new development shall be constructed to the standards adopted in Title 12 and Title 16 of the Emmitsburg Code, or the design and construction specifications of the Maryland State Highway Administration.  Types of roads to be constructed shall be based on the projected volume of traffic as determined by qualified licensed and certified traffic engineers, planning consultants, and other consultants as may be deemed necessary.

(2)     The portion of the existing road(s) required to be adequate for a proposed development shall be from the site's planned entrance(s) to the nearest intersection of an arterial road or freeway/expressway with a collector road, in the direction(s) of traffic flow anticipated by the planning commission. The planning commission, following receipt of a recommendation from qualified licensed and certified traffic engineers, planning consultants, and other consultants as may be deemed necessary, shall make certain that said traffic flow will be assigned to the nearest designated intersection with a road adequate to support the projected volume generated by the development, unless the pre-study conference determines otherwise.the unless the pre-study conference determines otherwise. 

(3)     The portion of the existing road(s) required to be adequate for a proposed development shall be from the site's planned entrance(s), and shall include the road frontage of all new or existing lot(s) containing the proposed new development and the remainder of the roads in the anticipated direction of traffic flow to the nearest intersection of an arterial road or freeway/expressway with an arterial road, in the direction(s) of traffic flow anticipated by the Planning Commission, based on information received from qualified licensed and certified traffic engineers, planning consultants, and other consultants unless the pre-study conference determines otherwise.  The Planning Commission may require that roads be adequate in several directions or in any one direction from the location of the proposed new development.  In order to evaluate the adequacy of existing roads or the improvements necessary to make the existing roads adequate, the Planning Commission shall consider:

(a)  existing traffic;

(b)  traffic projected to be generated by the proposed development;

(c)   traffic projected to be generated by other approved, but not constructed, developments;

(d)  improvement scheduled or approved and funded in the annual Emmitsburg Capital Improvements Program to take place within two years from the anticipated date of the final plat approval;

(e)  traffic studies that may be required by the Maryland State Highway Administration; and

(f)     any other information that may reasonably be required by the Maryland State Highway Administration, the Planning Commission,  information received from qualified licensed and certified traffic engineers, planning consultants, and other consultants in order to effectively evaluate the network or information supplied by the developer.

(4)     All primary and interstate highways shall be exempt from the requirements herein.

(5)     All other roads, including Town roads and secondary highways, shall be subject to the requirements herein.

(6)     Except, as otherwise provided in this Ordinance, if an existing road is determined by the Planning Commission to be inadequate to accommodate the traffic flow projected to be generated from the new development when combined with the existing traffic flow, the proposed new development shall not be approved.

(7)     In instances where the existing road is determined to be below the minimum standards as set forth in this document, the Planning Commission shall disapprove any proposed application for new development.

All the technical data should be moved to a separate policy document with it’s own purpose, definition, determining adequacy, road network, etc. outlining pavement width, site distance, pavement condition, evaluation methods, bridges and culverts, etc.

(8)      

(B)    The TIS shall be prepared for the design hours, which are defined as the peak hours which will be most affected by the proposed development; i.e., any combination of a.m., mid-day, p.m., evening, weekend, or school hours as determined via the pre-study agreement.  The TIS will include, but not be limited to:

(1)    A written description of the site boundaries and characteristics which the study has been based upon, including development size, land usage, proposed parking, etc., a geographical depiction of the site location, and, where helpful, a graphical summarization of any unique site-plan characteristics;

(2)    Existing conditions, including existing traffic volumes, recorded when school is in session (unless in the opinion of the County Department of Public Works, significant circumstances preclude this), existing lane usage, existing levels of service (LOS), and a thorough study area descriptive narrative of the physical roadway conditions, including all controls, constraints, and deficiencies;  

(3)         Vehicle trip generation and design hour volumes generated by the proposed development and traffic expected to be generated by approved development in the study areas as determined by the zoning administrator.  For minor commercial/industrial subdivision projects, the applicant shall have the option to (a) specify particular uses for traffic analysis; or (b) use the highest traffic generating use; or (c) limit the property usage to a traffic level below the APFO threshold and such restrictions shall be noted on the plat.  The latest edition of the ITE "Trip Generation Manual" is to be used unless specifically applicable rates (Town comparables, individual generator studies, etc.) are identified and accepted by the Planning Commission.  Approved background development traffic impacts will be pro-rated to coincide with the length of time for which APFO approval is requested for the proposed project in proportion to the approved background projects; 

(4)    Trip distribution and traffic assignment based upon sound planning judgment of the future conditions;

(5)    Growth in through-traffic as determined from historical data or other planning factors affecting future traffic volumes and traffic projected to be generated by other approved but not constructed development; growth rates will be applied only to the "through" trips at the intersection;

(6)    LOS capacity analysis of all required intersections and links (where necessary) for existing conditions, and all intermediate and ultimate future conditions with and without the proposed development; 

(7)    In cases where traffic safety is identified as an issue at the pre-study conference, reported traffic accidents for the last five (5) years;

(8)    Roadway and bridge improvements programmed or currently funded for construction in the most recent capital budget or second year CIP;

(9)    Improvements funded in the current or second budget year of the Maryland Department of Transportation (MDOT) Consolidated Transportation Program; and 

(10)   In addition to information provided by qualified licensed and certified traffic engineers, planning consultants, and other consultants as may be deemed necessary, any other information that may reasonably be required by the  Planning and Zoning Commission or the County Department of Public Works to effectively evaluate the road network or application.

(C)    All traffic studies shall use the Critical Lane Method (CLM) of analysis at all intersections and, when required, the Highway Capacity Manual (HCM) for roadway links capacity at peak hour traffic flow.  Additionally, at signalized intersections, the HCM method must also be employed.  The developer is responsible to confirm and use the existing signal timings when analyzing existing conditions.  A technical description of the CLM technique is given in the January 1971 Frederick County issue of “Traffic Engineering,” or the latest edition available as revised, approved and updated, and Town staff will have available copies.  The following specific treatments will be applied to the CLM analysis:

(1)    All nonsignalized intersections will be modeled as simple two-phased operations; i.e., run N-S together, and then E-W together.

(2)    The following lane use factors (LUF) will be used:

(3)    "Free right turns" (which are not analyzed in the CLM method) are defined as movements typically isolated by channelization and controlled by a yield sign.  Only if the right-turning vehicles are isolated from the queue of through vehicles on the approach leg, and there is sufficient exclusive acceleration opportunity on the turn leg, can they be excluded from the analysis.

(4)    Right-Turn-On-Red (RTOR) "credits" generally will not be allowed unless it can be demonstrated/documented that RTOR's are occurring at the intersection; even then, only low-volume intersections will be considered as candidate intersections.  

(5)    Where no separate left turn lanes occur at high volume intersections, the left-most approach lane should be assumed to handle all the lefts, with the other lanes carrying the through traffic and rights, etc., actual observations/documentation of other conditions will be reviewed on a case-by-case basis.

(6)    On one-lane approaches where a bypass of left-turning vehicles exists, a separate left turn lane can be assumed.  Otherwise, the volumes should be combined.  

(7)    The following CLM Level of Service (LOS) criteria shall be used:

(8)    Pass-by / intercept trips may be assumed when the tested street traffic volume is greater than ten thousand (10,000) ADT.  Otherwise, all trips must be modeled as "new" trips.  Unless otherwise supported by first-hand data, the maximum allowable credits for primary "passby/intercept" trips for a particular land use shall be as follows: