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Proposed Adequate Public Facilities Changes
The fight has begun, and we will see who the new Board of County Commissioners thinks should bear the pain of out of control development. Will it be our children, or land developers? On Monday, November 25, the Planning Commission agreed to send an old set of rules for the schools portion of the Adequate Public Facilities Ordinance, plus one additional change, to the Board of County Commissioners for approval. They recommended a task force with “all the stake holders” at the table. Its purpose would be to determine how to make an Adequate Public Facilities Ordinance work. Then they agreed to recommend changes to the current Adequate Public Facilities Ordinance so as to allow development to proceed at the expense of our children. Here are the changes they agreed to recommend:
1. The County will return to being one school district, and seats at Ridge Elementary can be counted toward permitting the creation of new lots in Charlotte Hall.
2. Any construction which is anywhere in the 6 year capital improvement plan can be counted as existing seats for the purposes of permitting the creation of new lots, even though it may be 15 or more years before the school actually gets built.
3. Schools in the development district, or perhaps it was the growth areas, will be allowed to go to 120% of State capacity. Schools in rural areas will be allowed to go to 105% of state capacity before the creation of new lots is halted.
4. Mitigation will be permitted. Mitigation could include:
“1) Dedication of property to the County.
2) Additional or special impact fees
3) Fees in lieu of an improvement
4) Participation in necessary private/public partnerships to provide necessary public facilities
5) Developer agreements
6) Off-site improvements
7) Other mechanisms as may be determined to provide adequate public facilities . . .”
Even the ineffective 1990 ordinance did not allow mitigation. The Planning Commission was in such a hurry that it also agreed to have its resolution read and signed by the chair without return to the Planning Commission for a final look - not the usual way such documents are handled by the Planning Commission.
What does all this mean? Many of our schools are at or beyond State capacity this year, and even further over the local capacity. Redistricting plans for next year will, in some cases, merely cause additional schools to exceed State and local capacity. Both State and County school construction funds are short (and getting shorter), so new construction is not likely. Even trailers cost money. Further, there are some schools, such as Esperanza Middle, which cannot accommodate trailers to relieve crowding without ending the athletic program for their students. Others cannot accommodate trailers because of septic field limitations. Should the BOCC not approve the recommended changes, school populations will still continue to grow as new homes are built. Nothing in the current ordinance or proposed changes prevents the issuance of building permits for the many thousands of existing approved lots around the County. Parents who want a decent education for their children should send a voice mail to the BOCC (301-475-4461 and ask for the Commissioners’ voice mail), write an e-mail to bocc@co.saint-marys.md.us, or send a letter to St. Mary’s County Board of Commissioners, P. O. Box 653, Leonardtown, MD 20650. Tell your elected officials that children come first - not land developers, and the Adequate Public Facilities Ordinance should not be changed to permit out of control development.
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