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Introducing Concurrency/APFOs

Introducing Concurrency/APFOs. Concurrency = Adequate Public Facilities Ordinance These approaches “tie or condition development approvals to the availability of adequate public facilities.” (White, p.5)

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Introducing Concurrency/APFOs

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  1. Introducing Concurrency/APFOs • Concurrency = Adequate Public Facilities Ordinance • These approaches “tie or condition development approvals to the availability of adequate public facilities.” (White, p.5) • Concurrency/APFOs are intended primarily to control the timing of development by “linking development approval to the CIP”. (p. 7) • These approaches reverse the normal pattern of land development: Old School: Infra responds to development (Reactive Planning) Infra planners react to development pressures New School: Infra guides development (Proactive Planning) Developers react to infra provision

  2. Major Issues Critical to Preparing APFOs • Choice of Facilities Covered by the APFO • Stage of Development Process when Adequacy Determined • Types of Development to Which APFOs Apply – Related Question of Exemptions • Establishment of LOS Standards • Procedures for Measuring Capacity (Existing + Planned?) • Procedures for Reservation of Capacity • Appeals Process – Handling the Due Process Requirement • Development Monitoring Procedures

  3. Measuring Capacity through Permit Tracking* • AC = (Ce + Cn) – (De + Dp + Dr + Dfdo), whereAC = capacity available Ce = existing capacity using LOS standards Cn = planned of new or planned facilities De = demand created by existing development Dp = demand from projects under construction Dr = demand from projects with “reservations” Dfdo = demand from other developments with approved permits • * Under this approach, planners must track capacity on a permit by permit basis. For every approved project, demand will be “debited” against the available capacity.

  4. Measuring Capacity through Growth Rates* • AC = (Ce + Cn) – (De + Dp + Dr + Dfdo), whereAC = capacity available Ce = existing capacity using LOS standards Cn = planned of new or planned facilities De = demand created by existing development Dp = demand from projects under construction Dg = expected demand from projects with capacity reservations and approved development orders based upon “generalized background growth rate” (a multiplier that captures recent development trends) • * The main difference in this approach is that capacity is not tracked permit by permit. The process is greatly simplified because planners do not track every approved project that has not broken ground… they use historic growth rates to estimate the expected demand.

  5. Options for Allocating Capacity • There are several options for allocating capacity. • 1) First-come, First served: Capacity is reserved in the order that projects are approved. This is by far the easiest approach. • However, there may be goals and objectives in the Comp Plan that a jurisdiction wants to promote. So, other options for allocating capacity might be used, including: • 2) Set asides: A set aside is essentially reserving capacity for uses that are desirable to achieve G and O’s of the Comp Plan (Affordable Housing for example). • 3) Point systems: This approach uses a scoring system and gives points to proposed developments based upon basic parameters and how they address the G and O’s of the Comp Plan. Those developments that speak to many G and O’s would score higher and be able to reserve capacity more easily.

  6. Testing for Concurrency • Testing for concurrency involves comparing a proposed project’s impact to the current/projected capacity of the public facilities being tested. • The timing of testing for concurrency and subsequently reserving capacity is key. It is generally agreed that it should be done early in the process. The different stages (see table on p. 29): • Early – Early: Rezoning or preliminary plat • Early – Late: Application for conditional use • Intermediate: Final plat approval • There is also the issue of whether or not to require a developer to pay for reserve capacity. • Automatic capacity reservation (when test is “OK”) • Reservation fee required to reserve capacity

  7. Enforcing Concurrency • Concurrency enforcement involves an actual determination that facilities are in place to service the development. • Timing of concurrency enforcement is also key. It can be done at the same time as testing for concurrency, but is typically done later. The different stages (see table on p. 26): • Early: Rezoning, Preliminary plat, Application for Conditional UseAdvantages: Committed capacity identified early; Can condition development approvalDisadvantages: Hoarding by developers; Need to closely monitor capacity • Intermediate/Late: Final plat approval, Building PermitAdvantages: Better relationship between actual construction and impacts; No need to monitor potential committed capacityDisadvantages: Less predictability for developers • Combined: Enforcement at both stagesAdvantages: Combined advantages of both aboveDisadvantages: Greater administrative costs

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