Adequate Public Facilities Ordinance (APFO)

About

On December 15, 2019, after a series of public meetings, the Board of Aldermen approved changes to Chapter 4 of the City Code, the Adequate Public Facilities Ordinance (APFO).   The APFO is one tool that the City uses to manage growth by establishing a process for analyzing a proposed development’s impacts on public infrastructure, including water and sewer line capacity, roads, and schools. The APFO establishes the standards for adequacy for each facility and through the testing process, inadequate infrastructure is identified. Mitigation measures for failing infrastructure are also identified and timeframes for their completion in relation to the construction of the project are determined.

The majority of the changes approved by the Board relate to the procedures for administering the Code by addressing certain exemptions and establishing predictable timeframes for how long approvals remain valid, however, certain substantive changes regarding testing for public schools are notable.  The timeframe for which a development project is put on hold if any one of the schools serving the development is over 120% of the State Rated Capacity (SRC) has been increased from three years to five years.  In addition, the fee that developers may elect to pay to avoid the wait if the failing schools fall below 120% of the SRC has been redefined as a school mitigation fee allowing the City to allocate the fund to a wider variety of projects to support educational opportunities.  The fee applicable to affordable housing projects, defined as those receiving Low Income Housing Tax Credits (LIHTC), is now $0.

To review the document in its entirety, please see Ordinance G-19-42 Concerning Adequate Public Facilities.

History of Meetings