Adequate Public Facilities Ordinance Explained

An Adequate Public Facilities Ordinance (APFO, also known as a Concurrency Regulation) is an American legislative method to tie public infrastructure to growth for a region.[1]

APFOs take into account the availability of infrastructure. They can manage growth, but are considered separate from growth controls such as building moratoria.[2] [3]

History

Ramapo, New York (see Golden v. Planning Board of Ramapo); Petaluma, California; and Boulder, Colorado were some of the early adopters of this tool in America.[4] The state of Florida uses the term "concurrency" in its growth management act.[5]

Scope

APFO regulations are typically applied to a jurisdiction which has legislative control of a given area. In America, this can be at a state, county, or city level. A conflict can occur when APFO regulations differ in scope between jurisdictions where there is shared funding and legislative authority (such as a city located inside a county that funds schools).[6] While APFOs are intended to mitigate infrastructure shortcomings for a particular area, the mitigation may apply to areas offsite of the development project.[7] APFO regulations usually apply to individual projects on a case-by-case basis.[8]

APFO regulations take into account some or all of a jurisdiction's infrastructure requirements, including:[9]

Other elements include:

Criticism

Traditional opponents of APFO legislation include industries affected by moratoria or fees, including realtors, developers, and some Smart Growth advocates.[10] Home costs for some locations that have enacted APFO have experienced increases in housing prices affecting affordable housing, in conjunction with positive effects of relief from school capacity shortcomings.[11]

See also

External links

Notes and References

  1. Book: The Cost of Concurrency: A Legal and Empirical Analysis of Adequate Public. Dustin Cole Read. 40.
  2. Book: Managing Community Growth. Eric D. Kelly. 60.
  3. News: The Gazette. Gardner says moratorium will not hurt building industry. 10 January 2008. Sherry Greenfield.
  4. Book: Urban Development: The Logic Of Making Plans. Lewis D. Hopkins. 138.
  5. Book: Planning and Urban Design Standards. American Planning Association . Frederick R. Steiner . Kent Butler . 377.
  6. News: The Gazette. Calvert County finds northern school populations inadequate Multiple schools closed to future district development. Sara Newman. 1 January 2015.
  7. Book: Driveway Regulation Practices. Kristine Williams. 58.
  8. Book: Land Use Law. registration. Daniel R. Mandelker. 1982 . Michie Company . 9780872155251 .
  9. Book: Adequate Public Facilities Ordinances and Transportation Management. S. Mark White. 17.
  10. Web site: The National Center for Smart Growth. 22 April 2015.
  11. Book: The Cost of Concurrency: A Legal and Empirical Analysis of Adequate Public. Dustin Cole Read. 123.