Adequate Public Facilities Ordinance (APFO)
APFO is a tool that the City uses to manage growth by establishing a process for analyzing a proposed development’s impacts on public infrastructure, including water and sewer line capacity, roads, and schools.
Development projects will now be put on hold if any of the schools serving the development is over 120% of the State Rated Capacity for five years.
Fees paid by the developers to avoid the SRC timeline are now considered school mitigation fees and can be used on a wider variety of educational projects.
Fees for affordable housing projects is now $0.
On December 15, 2019, after a series of public meetings, the Board of Aldermen approved changes to Chapter 4 of the City Code, the Adequate Public Facilities Ordinance (APFO). The APFO is one tool that the City uses to manage growth by establishing a process for analyzing a proposed development’s impacts on public infrastructure, including water and sewer line capacity, roads, and schools. The APFO establishes the standards for adequacy for each facility and through the testing process, inadequate infrastructure is identified. Mitigation measures for failing infrastructure are also identified and timeframes for their completion in relation to the construction of the project are determined.
The majority of the changes approved by the Board relate to the procedures for administering the Code by addressing certain exemptions and establishing predictable timeframes for how long approvals remain valid, however, certain substantive changes regarding testing for public schools are notable. The timeframe for which a development project is put on hold if any one of the schools serving the development is over 120% of the State Rated Capacity (SRC) has been increased from three years to five years. In addition, the fee that developers may elect to pay to avoid the wait if the failing schools fall below 120% of the SRC has been redefined as a school mitigation fee allowing the City to allocate the fund to a wider variety of projects to support educational opportunities. The fee applicable to affordable housing projects, defined as those receiving Low Income Housing Tax Credits (LIHTC), is now $0.
To review the document in its entirety, please see Ordinance G-19-42 Concerning Adequate Public Facilities.
History of Meetings
- Mayor and Board of Aldermen Workshops
- November 18, 2019- Planning Commission Workshop
- November 19- Public Information Meeting
- December 4, 2019- Mayor and Board Workshop on draft changes
- December 19, 2019- Mayor and Board of Aldermen Meeting
Many jurisdictions are changing the way they do business in urban areas, selecting a “pro-rata share district” approach to development application reviews in which mobility needs are considered districtwide and the responsibility for private sector involvement is defined based on proportional contributions to address districtwide needs rather than evaluating the impacts of each application independently. Often, the private sector responsibility takes the form of an applicant payment. The term “mobility fee” is an emerging term of art that describes this type of pro-rata share district. In simplest terms, Mobility Fee = (A/B) * C
- A is the cost of transportation system improvements needed to accommodate the demand generated by expected land development
- B is a measure of the demand generated by that expected land development
- C is a policy decision regarding the balance of private-sector and public-sector responsibility in providing the improvements in item A.
This basic pro-rata share formula is quite simple, but the details of components A, B, and C vary substantially from place to place and need to be developed through a public process that considers the interests of all stakeholders.
Mobility Fee District Boundary
- Presentation - Planning Commission Workshop dated October 19, 2020
- The Mobility Fee White Paper – November 6, 2019 Draft (Prepared by Renaissance Planning).
Presented at the Mayor & Board Workshop on December 4, 2019.
- Presentation - Mayor & Board Workshop dated December 4, 2019.
- Downtown Frederick Mobility Fee Current Thinking – August 18, 2020 Draft (Prepared by Renaissance Planning).
- Executive Summary - Nov. 10, 2021
- Executive Summary - Dec. 15, 2021
- Boundary Road Names
- Presentation - Mayor and Board Workshop dated Dec. 15, 2021