§ 9-1902. Adequate public facilities law.

   (a) "Public facilities" defined. -- In this section, "public facilities" means schools, roads, water, wastewater, and stormwater management facilities, and other infrastructure supported by the federal, State, or local government for public purposes.

(b) Authority to adopt local law. -- In addition to the authority granted in Title 7, Subtitle 1 of this article, the county commissioners may provide by local law for the provision and financing of adequate public facilities concurrently with the need for those facilities.

(c) Contents of local law. -- The local law may include the authority for the county commissioners to:

   (1) determine the functional or design capacity of public facilities;

   (2) establish standards for determining the adequacy of public facilities;

   (3) determine school capacity standards;

   (4) determine the student yield factors for schools at various levels;

   (5) establish categories of developments that will be exempt from the application of the local law;

   (6) establish formulas for measuring available capacity of public facilities;

   (7) determine the adequacy of public facilities in areas affected by new developments in the development plan review process;

   (8) enter into agreements with developers providing for the payment of monetary compensation to address inadequacies in public facilities caused by proposed developments as a part of the development plan approval process;

   (9) determine the value of in-kind contributions of equivalent value such as real estate;

   (10) require forfeiture of contributions 3 years after final plat approval;

   (11) establish an appeal process for decisions made under the local law;

   (12) limit the number of building permits in any school district; and

   (13) limit the number of residential building lots approved for development on an annual basis.

(d) Penalty for violation of local law. -- The local law may authorize the county commissioners to impose civil fines and penalties for any violation of the local law.

HISTORY: An. Code 1957, art. 66B, § 14.08(a), (c)-(e); 2012, ch. 426, § 2.