Presentation on theme: "ADEQUATE PUBLIC FACILITIES ORDINANCE. What the discussion should include: 4 Adequate Public Facilities Ordinances (APFO) allow local governments to deny."— Presentation transcript:
ADEQUATE PUBLIC FACILITIES ORDINANCE
What the discussion should include: 4 Adequate Public Facilities Ordinances (APFO) allow local governments to deny or delay new developments if existing government services (water and sewer, roads, schools, fire and police) cannot support it. 4 An APFO is a form of land use regulation that controls the timing of property development and population growth with the purpose of ensuring that the public facilities needed to serve new residents are constructed and made available contemporaneously with the impact of the new development
What is an APFO? 4 An APFO is a planning tool that attempts to coordinate the local CIP and growth. 4 An APFO can be applied to public facilities such as schools, jails, transportation, utilities, parks and recreation, school capacity and water and sewer capacity.
What can an APFO not do? 4 An APFO is not a mechanism to stop residential growth. 4 An APFO is not a mechanism to provide a major additional source of construction funding for school or utility infrastructure.
What Counties have an APFO? 4 APFO’s are largely untested in Georgia 4 APFO’s are more common in states that have enabling legislation. In Florida for example, state law requires concurrency ordinances while in Maryland, state law expressly authorizes an AFPO ordinance.
How does an APFO work? 4 Proposed residential developments must get an adequacy permit before they can develop. 4 The adequacy permit is determined by comparing the existing and expected capacity of the schools or water/sewer in the area with the number of approved lots. 4 When a residential development is denied an adequacy permit, it is placed in a queue until additional school or water/sewer capacity is available. 4 A local government must provide additional school or water/sewer capacity in accordance with the adopted CIP.
What are the major components of an APFO? 4 Memorandum of Understanding (MOU) among critical participants 4 Capital Improvement Program (CIP) 4 Financial Forecast 4 Cost of Services Analysis 4 Adequacy Formula (level of service) 4 School Capacity and Enrollment Projections or Utility capacities and projections. 4 Adequate Public Facilities Ordinance
Issues associated with an APFOs in Georgia 4 Is State enabling legislation needed? 4 How to achieve the necessary consent and coordination among the critical participants? 4 How to define adequacy? 4 Who issues the adequacy permit? 4 What level of growth must be accommodated? 4 How to develop the required commitment to the CIP? 4 How to define the service districts within which there must be sufficient capacity to support additional development? 4 How do we ensure that the APFO is legally defensible?