Adequate Public Facility Review Process

The flowchart details major milestones in the review process. 

Step 1: Submit Application: Notice of Intent to Develop (NID) through the County’s online Application Portal.  This is a free application with no required fees. The purpose is to identify the Adequate Public Facilities Ordinance (APFO) requirement for the development project.

• <6 Vehicle Trips = Exempt from APFO.  The development application is determined to generate very few trips.  Subsequent site development application will need to include an APFO Exemption Application. No further APFO action necessary. 
• 6-50 Vehicle Trips = APFO Consideration.  The development application is determined to moderately impact the roadway network.  A Standard APFO Application, and applicable fees, will be required as part of the site development review process.  A Letter of Understanding (LOU) will be required to document financial contributions to planned or constructed road improvements. 
• >50 Vehicle Trips = APFO Testing.  The development application is determined to have a significant impact on the roadway network.  A Traffic Impact Analysis (TIA) Scope of Work will be drafted by staff and uploaded to the NID application.   A Standard APFO Application, and applicable fees will be required.  A LOU documenting the necessary financial escrow contributions and/or roadway improvements will be required.

Step 2: Submit Application: Adequate Public Facilities Ordinance (APFO) with the development package in the form of an APFO Exemption or APFO Standard application as identified from the result of the NID application. It is reviewed by intake staff and processed for fees. 

*See the Fee Schedule for the fees associated with the various APFO applications.

Step 3: Staff Review County staff review the APFO application for compliance with Chapter 1-20 Adequate Public Facilities. This may include a review for a letter of understanding and/or a traffic impact analysis.

• Traffic Impact Analysis (TIA) Review County staff reviews the TIA to ensure the requirements set forth in Chapter 1-20 Adequate Public Facilities and the Guidelines are met.  The TIA may also need to be submitted separately to the Maryland Department of Transportation State Highway Administration (MDOT SHA).  This will be dependent on the development’s impact to state roadways and/or the need for a state highway access permit. The TIA review process may require several review cycles.
• Develop Letter of Understanding (LOU) County staff will draft a LOU that identifies roadway mitigations and financial escrow contributions necessary for the site development application to achieve roadway adequacy.   The applicant must sign the LOU prior to sign posting, and before being placed on the Planning Commission agenda.

Step 4: Planning Commission Review The Planning Commission reviews and determines whether the proposed development plan meets the requirements set forth in the County Code. They approve the Letter of Understanding (LOU).

Step 5: Application Approved LOU is signed and executed copy is provided to the applicant.

Step 6: Mitigation/Escrow Contribution Mitigations, road improvements, and escrow contributions are completed in accordance with the LOU. Typically, these must be completed prior to lot recordation or building permit issuance.

NID - Notice of Intent to Develop 

TIA  - Traffic Impact Analysis 

APF - Adequate Public Facilities 

APFO - Adequate Public Facilities Ordinance