Adequate Public Facilities Ordinance

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
View of Ramapo, New York

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:

  • CIP – Capitol Improvement Programs
  • Service Level Standards

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

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