Town of Bel Air, MD Public Facilities, Adequate

The purpose of this chapter to minimize the burden of infrastructure costs necessitated by new development in and around the Town of Bel Air and to coordinate the need for public works with proposed growth.

§ 265-2 Definitions.

For purposes of this chapter the following definitions shall be used:

BENEFITTING PROPERTY

A parcel of land that is not developed or a parcel of land proposed for development which will increase more than 50% of its current value that benefits from a necessary improvement.

[Amended 4-4-2022 by Ord. No. 808-22]

CAPITAL IMPROVEMENT PROGRAM (CIP)

The schedule of capital improvements to be undertaken as adopted in the current fiscal year's Town Budget.

CONSTRUCTION COST

The cost of a development directly associated with construction, including labor, material, equipment and administration.

[1]

IMPACT REQUIREMENT

Any necessary improvement required as a condition of approval when all or any portion of the improvement is intended to satisfy the impact of a development on the adequate capacity of public facilities as defined in the Development Regulations or included in the Comprehensive Plan.

[Amended 4-4-2022 by Ord. No. 808-22]

IMPROVEMENT COST

The total cost of required infrastructure construction, including labor, material, equipment, engineering, right-of-way acquisition and administration.

[Amended 4-4-2022 by Ord. No. 808-22]

NECESSARY IMPROVEMENTS

Infrastructure improvements required by the development as determined by the Director of Public Works and/or the Director of Planning and Community Development.

[Amended 4-4-2022 by Ord. No. 808-22]

OFF SITE

Not located on the property that is the subject of a development application.

[1]

Editor's Note: The definition of "Director" that immediately followed this definition was repealed 4-4-2022 by Ord. No. 808-22.

§ 265-3 Necessary improvements.

[Amended 4-4-2022 by Ord. No. 808-22]

Any applicant changing a use constructing or expanding residential, commercial, institutional or industrial properties or buildings shall be responsible for the cost of providing necessary improvements for water, sewerage, drainage facilities, community facilities and transportation improvements, including land and easements, necessitated by the development. The capacity and design of proposed improvements shall be based upon engineering analysis by the applicant as required by the Department of Public Works and/or the Department of Planning and Community Development. The analysis shall be reviewed and approved using the Harford County Water and Sewer Master Plan, Harford County Water and Sewer Design Guidelines, Bel Air Development Regulations, the currently adopted Comprehensive Plan, and Capital Improvement Program (CIP) as a basis for review of proposed improvements.

§ 265-4 Allocation of costs.

[Amended 4-4-2022 by Ord. No. 808-22]

Full allocation. In cases where off-site improvements are necessitated by the proposed development and no other property owner(s) receive(s) a benefit thereby, an applicant is required, at their sole expense and as a condition of site plan or subdivision approval, to provide and install such improvements. In addition, in cases where more than one property receives benefit from the off-site improvement and the estimated improvement cost is less than $100,000 or less than 10% of the estimated construction cost (whichever is greater), the developer is required, at their sole expense and as a condition of site plan or subdivision plat approval, to install such improvements.

Allocation recoupment. In cases where more than one property will receive benefit from the off-site improvement and the estimated improvement cost is more than $100,000 or more than 10% of the estimated construction cost (whichever is greater), an applicant is required, at their expense and as a condition of site plan or subdivision approval, to provide and install such improvements. An applicant may enter into a recoupment agreement, to be approved by the Director of Public Works, to determine fair reimbursement at such time as other benefitting properties are developed. The projected development yield will be established by the Director of Planning and Community Development based upon the usable undeveloped land area within each benefitting property. The allocation formula cited in § 265-4D shall be utilized in determining the proportionate share of the cost of such improvements attributable to each benefitting property.

Delayed allocation. If it is determined that an applicant is unable to provide the necessary improvement because of the inability to acquire right-of-way, the physical constraints of a property, or state/federal regulations beyond the control of the applicant, then the applicant shall place 125% of the approved estimated improvement cost in an interest-bearing escrow account administered by the Town until such time as the improvement can be constructed. The Director of Public Works shall review and approve the estimated improvement cost. Any balance remaining after completion of and approval of construction by the Director of Public Works shall be refunded to the applicant. If the improvement cannot be constructed within 15 years, all monies and interest shall be returned to the applicant. However, the Town will not allow a sanitary connection to proceed without the necessary improvement in place when engineering analysis indicates that a hydraulic overload of the system occurs during wet conditions that may causes a sanitary overflow downstream.

Allocation assessment.

(1)

Sanitary sewers. The applicant's responsibility for their proportionate share of new collection facilities, including but not limited to the installation, relocation, or replacement of collector, trunk, and interceptor sewers, right-of-way acquisition and associated appurtenances, shall be computed as follows:

(a)

The capacity and the design of the sanitary sewer system shall be based on the criteria in the Standard Specifications and Details.

(b)

As required by the Director of Public Works, the applicant shall provide the Town with the existing and anticipated peak-hour flows, daily flows, as well as capacity limits of the affected sewer system.

(c)

If the Director of Public Works determines that the existing off-site system does not have adequate capacity to accommodate the applicant's flow given existing and anticipated peak-hour flows, the applicant is responsible for the necessary improvement. If the improvement meets the criteria of § 265-4B, the benefitting property share shall be computed as follows:

Impact Requirement (%)

Benefitting Property Requirement Cost ($)

Improvement Cost ($)

(2)

Water supply. The applicant's responsibility for water distribution facilities, including but not limited to the installation, relocation, or replacement of water mains, hydrants, valves, right-of-way acquisition and associated appurtenances, shall be computed as follows:

(a)

The capacity and the design of the water supply system shall be based on the standards specified in the Standard Specifications and Details referenced by the Town Code.

(b)

As required by the Director of Public Works, the applicant shall provide the Town with the existing and anticipated capacity limits of the affected water supply system in terms of average daily demand, peak demand, and fire demand.

(c)

If the Director of Public Works determines that the existing off-site system does not have adequate capacity, as defined above, to accommodate the development needs, the applicant is responsible for the necessary improvement. If the improvement meets the criteria of § 265-4B, the benefitting property's share shall be computed as follows:

Impact Requirement (%)

Benefitting Property Requirement Cost ($)

Improvement Cost ($)

(3)

Drainage improvements. The applicant's responsibility for stormwater and drainage improvements, including but not limited to the installation, relocation, or replacement of storm drains, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances, acquisition of right-of-way and relocation or replacement of other storm drainage facilities or appurtenances, shall be determined as follows:

(a)

The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in the Standard Specifications and Details referenced by the Town Code at the time of the engineering plans approval.

(b)

The capacity of the improved system required for the development and areas outside of the development tributary to the drainage system shall be determined by the applicant, subject to approval of the Director of Public Works. The plans for the improved system shall be prepared by the applicant along with the estimated cost of the improved system, to be approved by the Director of Public Works.

(c)

If the Director of Public Works determines the existing off-site system does not have adequate capacity, the applicant is responsible for the necessary improvement. If the improvement meets the criteria of § 265-4B, the benefitting property's share for the proposed improvement shall be computed as follows:

Impact Requirement (%)

Benefitting Property Requirement Cost ($)

Improvement Costs ($)

(4)

Recreation and community facilities. The applicant's responsibility for a proportionate share of improvements necessitated by the proposed development, based on the Development Regulations, the Community Facilities and Transportation Elements of the currently adopted Comprehensive Plan, including but not limited to parks and recreation, police and fire protection, shall be computed as follows:

(a)

Recreation and community facilities is based upon § 165-52, Open space and recreation, and § 165-118E, Landscape and amenity design.

(b)

The number, type and location of any improvement shall also be governed by the Community Facilities and Transportation Elements in the Comprehensive Plan.

(c)

Should fee-in-lieu be approved for the necessary improvement, the current Town of Bel Air fee schedule shall apply.

(5)

Transportation; the applicant responsibility for improvements necessitated by a proposed development. Fee-in-lieu, if approved for the necessary improvement shall be computed as follows:

(a)

Necessary improvement shall be based on § 165-118D, Circulation system design, and the Transportation Element of the currently adopted Comprehensive Plan, including but not limited to roadways, alleys, sidewalks, bike paths and associated graphics which may dictate the location, extent, and capacity of any improvement.

(b)

The capacity and design of the transportation system shall be based on a Traffic Impact Analysis (TIA) using a scope of work determined by the Director of Planning and Community Development and reviewed by the Town Traffic Consultant.

(c)

Any necessary improvements which meet criteria in § 265-4B or 265-4C, the benefitting property share shall be computed as follows:

Impact Requirement (%)

Benefitting Property Requirement Costs ($)

Improvement Costs ($)

§ 265-5 Compliance.

[Amended 4-4-2022 by Ord. No. 808-22]

An applicant cannot avoid the intent of this chapter by submitting piecemeal applications for site plan or subdivision plat approval. An applicant may seek approval for a portion of a development, provided that the impact of all previously approved site plans from that development are considered during review for each subsequent application.

If an applicant requests to install the necessary improvements in separate phases of development and the Director of Public Works and Planning and Community Development approves, then the applicant shall place 125% of the improvement cost in an interest-bearing account administered by the Town until such time as the improvement is constructed.

All terms and conditions contained in this section must be met to the satisfaction of the Director of Planning and Community Development and the Director of Public Works prior to issuance of a building permit.