(a) Five lots or five dwelling units.
(1) A developer may obtain an exemption from the requirements for adequate public facilities for schools for no more than five lots in a subdivision for single family detached dwellings or for no more than five dwelling units shown on a site development plan if the developer provides evidence of ownership of the property for a minimum of three years as of the date of application and signs and records an agreement as required by paragraph (2) of this subsection.
(2) All applications for subdivision or residential site development plans seeking exemption under this subsection shall execute an agreement with the County in which the developer acknowledges the exemption shall be limited to five lots or dwelling units, including any existing residences, of the pending application and that further subdivision or development of the site, if permitted, will be subject to the adequate public facilities requirement for schools. The agreement shall be:
(i) in the form and contain the language required by the Office of Law;
(ii) recorded among the land records of Anne Arundel County, run with the land, and bind all future owners of the site that is the subject of the application and all future owners of the lots created by a subdivision approved under this exemption;
(iii) executed and recorded before approval by the Planning and Zoning Officer of the proposed record plat for a subdivision, the application for a grading or building permit in connection with a site development plan, or the approval of a site development plan for development that does not require a permit, as applicable; and
(iv) noted on the proposed record plat or site development plan, with the note including a reference to the book and page number of the location in the land records.
(b) Exemptions within Parole Town Center Growth Management Area. Residential development in the Parole Town Center Growth Management Area, subject to an approved incentive program, is exempt from the adequate schools facilities test if the following conditions are met:
(1) The project provides structured parking;
(2) The project is a mixed use development that includes residential, and commercial or industrial uses that are integrated and connected by pedestrian access;
(3) The residential portion of the mixed use project consists of multifamily dwellings, with no less than 50% of the dwelling units consisting of efficiency or one-bedroom units, and no dwelling units with more than two bedrooms;
(4) The project includes enhancement elements for bicycle, pedestrian, and transit infrastructure within the Parole Town Center Growth Management Area, as determined by the Office of Planning and Zoning;
(5) The project includes enhancement elements that will improve conveyance, roadway capacity, or vehicular traffic circulation within the Parole Town Center Growth Management Area, as determined by the Office of Planning and Zoning;
(6) Vehicular access may not be from a scenic and historic road or a local road that directly accesses a scenic or historic road; and
(7) The provisions of this subsection are not varied, modified, or reduced.
(c) Exemptions within Meade Village. Residential development in Meade Village is exempt from the adequate schools facilities test if the following conditions are met:
(1) The project consists of no more than 25 units;
(2) The project is developed in conjunction with a partnership that includes the Housing Commission of Anne Arundel County;
(3) The project includes funding comprised of either 4% low income housing tax credits, tax exempt bonds, or County home funds;
(4) The project holds approval from the United States Department of Housing and Urban Development for federal conversion under the Rental Assistance Demonstration Program;
(5) The sale or rental of the units is restricted to persons having a household income not exceeding 120% of the area median income, adjusted by household size, as defined by the United States Department of Housing and Urban Development; and
(6) The provisions of this subsection are not varied, modified, or reduced.
(d) Exemptions for residential development funded in part by low income tax credits. Residential development that is funded in part by low income tax credits awarded from the Maryland Department of Housing and Community development is exempt from the adequate school facilities test if the following conditions are met:
(1) The project consists of no more than 50 dwelling units;
(2) (i) As of the date of application for the award of the low income tax credits, all schools serving the project were designated as open on the County’s school utilization chart; or
(ii) At the time of testing for adequate schools facilities, the school enrollment for each elementary and middle school is no more than 3% above the percentage of the State-rated capacity set forth in §
17-5-502(a)(4)(i) and the school enrollment for each high school is no more than 5% above the percentage of the State-rated capacity set forth in §
17-5-502(a)(4)(ii);
(3) The property is encumbered by recorded deed restrictions that the units be restricted to occupancy by eligible households under this paragraph for at least 30 years and that at least 60% of rental units be occupied by a household with an income that does not exceed 60% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development; and
(4) The provisions of this subsection are not varied, modified, or reduced.
(Bill No. 90-07; Bill No. 65-08; Bill No. 59-10; Bill No. 15-18; Bill No. 94-18; Bill No. 13-19; Bill No. 12-20)
Editor’s note – The changes made to § 17-5-207 by Bill No. 15-18 are in effect until the final adoption of an Ordinance that updates the 2009 Anne Arundel County General Development Plan.
