Title
Certificate of Adequate Public Facilities - Timing of Certification - For the purpose of amending the Code of the City of Annapolis concerning approval of a Certificate of Adequate Public Facilities; requiring compliance review of a Certificate of Adequate Public Facilities no later than five years after the date of execution of the corresponding agreement; and clarifying circumstances whereby a Certificate of Adequate Public Facilities, or new or amended Adequate Public Facilities agreement, would expire after ten years.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 42-17
Introduced by: Mayor Pantelides
Referred to
Rules and City Government Committee
Transportation Committee
Transportation Board
AN ORDINANCE concerning
Certificate of Adequate Public Facilities - Timing of Certification
FOR the purpose of amending the Code of the City of Annapolis concerning approval of a Certificate of Adequate Public Facilities; requiring compliance review of a Certificate of Adequate Public Facilities no later than five years after the date of the execution of the corresponding agreement; and adding circumstances whereby a Certificate of Adequate Public Facilities, or new or amended Adequate Public Facilities agreement, would expire after ten years.
BY repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2017 Edition
22.30.010
22.30.020
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
TITLE 22 - ADEQUATE PUBLIC FACILITIES
Chapter 22.30 - TIMING OF CERTIFICATION
Section 22.30.010 - ExpirationCOMPLIANCE REVIEW - REQUIRED.
A. A Certificate of Adequate Public Facilities shall expire at the end of five years from the date of issuance, unless:
1. The applicant has recorded a plat or plats for the proposed project; or
2. The applicant has obtained a building permit for any part of the proposed project. AN ADEQUATE PUBLIC FACILITIES CERTIFICATE ISSUED FOR A PROPOSED PROJECT SHALL BE REVIEWED BY THE CITY FOR COMPLIANCE WITH APPLICABLE REVIEW CRITERIA SET FORTH IN THIS TITLE NO LATER THAN FIVE YEARS AFTER THE DATE OF THE EXECUTION OF THE CORRESPONDING ADEQUATE PUBLIC FACILITIES AGREEMENT. IF ANY PROVISION OF THE ADEQUATE PUBLIC FACILITIES AGREEMENT HAS NOT BEEN SATISFIED WITHIN FIVE YEARS AFTER THE DATE OF ITS EXECUTION, THE CITY MAY REQUIRE NEW OR AMENDED PUBLIC FACILITIES STANDARDS FOR THE PROJECT, WHICH SHALL BE REDUCED TO A NEW OR AMENDED ADEQUATE PUBLIC FACILITIES AGREEMENT, WHICHEVER THE CITY DETERMINES IS APPROPRIATE AND APPROVE AND ISSUE A NEW ADEQUATE PUBLIC FACILITIES CERTIFICATE.
B. If a Certificate of Adequate Public Facilities expires, a new application for a Certificate of Adequate Public Facilities shall be required for the proposed project. Upon new application, the facilities existing or planned at the time of the new application shall control.
Section 22.30.020 - ExtensionsEXPIRATION.
A. A request to extend the time of expiration of a Certificate of Adequate Public Facilities shall be submitted to the Director of Planning and Zoning prior to the expiration of the original approval. AN ADEQUATE PUBLIC FACILITIES CERTIFICATE ISSUED OR REISSUED FOR A PROPOSED PROJECT SHALL EXPIRE, WITH NO EXTENSIONS, IF EVERY PROVISION OF THE CORRESPONDING ADEQUATE PUBLIC FACILITIES AGREEMENT, OR NEW OR AMENDED ADEQUATE PUBLIC FACILITIES AGREEMENT, HAS NOT BEEN SATISFIED WITHIN TEN YEARS AFTER THE DATE OF THE EXECUTION OF THE ORIGINAL ADEQUATE PUBLIC FACILITIES AGREEMENT.
B. A Certificate of Adequate Public Facilities shall be extended by the Planning and Zoning Director for up to two five-year periods from the expiration of the original approval or any extended approval only upon a showing of good cause and provided that the intervening approvals of Certificates of Adequate Public Facilities for other proposed projects took into consideration the proposed project's impact on facilities, as required by Section 22.10.010(C). IF A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES EXPIRES, A NEW APPLICATION FOR A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES SHALL BE REQUIRED FOR THE PROPOSED PROJECT. UPON NEW APPLICATION, THE FACILITIES EXISTING OR PLANNED AT THE TIME OF THE NEW APPLICATION SHALL CONTROL.
Section 22.30.030 - Recertification.
A. An application for a Certificate of Adequate Public Facilities that had been previously approved but had expired with regard to a proposed project shall be submitted to the Director of Planning and Zoning.
B. The application shall be based upon updated materials and analyses of all applicable facilities and standards under this title.
C. The materials and analyses shall include an evaluation of the development or remaining development scheduled to be completed as part of the proposed project as compared to any infrastructure that has already been provided for the project.
D. If the materials and analyses indicate that one or more facilities will not be adequate for the proposed project, the applicant shall proceed in accordance with the requirements of Chapter 22.28.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect from the date of its passage.
EXPLANATION
CAPITAL LETTERS indicate matter added to existing law.
Strikethrough indicates matter stricken from existing law.
Underlining indicates amendments