§ 24-122.02. School Facilities Tests.

(a)

At the time of a preliminary plan of subdivision, the Planning Board shall apply an adequacy of school facilities test in accordance with this Subsection.

(1)

The test shall be applied to a proposed subdivision as it affects school clusters, which are groupings of elementary, middle, and high schools which would be impacted by the subdivision.

(2)

A subdivision meets the test, unless otherwise provided below, if the number of students generated by the proposed subdivision at each stage will not exceed one hundred five percent (105%) of the state rated capacity, as adjusted by the School Regulations, of the affected elementary, middle, and high school clusters, as determined by the Planning Board.

(3)

The number of elementary, middle, and high school students generated by the proposed subdivision shall be determined in accordance with the pupil yield factors, as defined in Section 24-101(b), for each dwelling unit type as determined by the Planning Board from historical information provided by the Superintendent of the Prince George's County Public Schools.

(4)

The Planning Board shall determine:

(A)

The school cluster or clusters impacted by the subdivision.

(B)

The actual enrollment, which is the number of elementary, middle, and high school students, as reported by the Superintendent of the Prince George's County Public Schools as of September 30 of the prior year, and as calculated by the Planning Board and effective in January of each year for use in that calendar year.

(C)

The completion enrollment, which is the total number of elementary, middle, and high school students to be generated by the estimated number of residential completions, for each school cluster.

(i)

Residential completions are estimated from the total of all substantially completed dwelling units added to the County's assessable tax base in the two (2) previous calendar years.

(ii)

In determining completion enrollment, the estimated number of residential completions in a given school cluster will not exceed the number of dwelling units shown on:

(aa)

An approved preliminary plan of subdivision with no waiting period, or with a waiting period less than twenty-four (24) months as of September 30 of each calendar year; and

(bb)

All recorded plats not subject to an adequate public facilities test for schools at time of building permit issuance.

(D)

The subdivision enrollment, which is the anticipated number of elementary, middle, and high school students to be generated by all dwelling units shown on the proposed preliminary plan of subdivision, multiplied by the pupil yield factor.

(E)

The cumulative enrollment, which is the total of all subdivision enrollments resulting from approved preliminary plans of subdivision in each school cluster for the calendar year in which an adequate public facilities test is being applied.

(5)

The Planning Board shall determine the subdivision's cluster enrollment by adding: the actual number of students in the cluster as of September 30; the number of students anticipated from residential completions in the cluster; the number anticipated from the subdivision; and the number anticipated from subdivisions already approved in the cluster within the calendar year. The Board shall then determine the percent capacity by dividing the cluster enrollment by the state rated capacity (adjusted by the School Regulations) of schools in the cluster.

(b)

The following shall be exempt from the preliminary plan of subdivision test in Subsection (a):

(1)

A subdivision which is a redevelopment project that replaces existing dwelling units;

(2)

A subdivision for elderly housing operated in accordance with State and Federal Fair Housing law.

(3)

A subdivision containing no more than three (3) lots on less than five (5) gross acres of land and for which the lots, except for one to be retained by grantor, are to be conveyed to a son or daughter or lineal descendant of the grantor.

(4)

A subdivision which is located in the Developed Tier, as described in the County's adopted Biennial Growth Policy Plan.

(5)

A subdivision for fewer than thirty-six (36) dwelling units, which will not be served by public water and sewerage systems, is not included in a large Comprehensive Design or Mixed-Use Zone development, and for which the applicant/owner, or predecessors in interest and/or title, did not own any property adjacent to the proposed subdivision as of May 31, 1997. For purposes of this Subsection:

(A)

A subdivision means all land originally included in one preliminary plan application. Subsequent re-subdivision for the purpose of creating additional lots is permitted, provided that in no case shall an exemption be applied to more than a total of thirty-five (35) lots; and

(B)

Land is considered adjacent if the property lines:

(i)

Are contiguous at any point;

(ii)

Are separated only by a public or private street, road, highway, utility right-of-way, or other public or private right-of-way at any point; or

(iii)

Are separated only by other land of the applicant/owner or their predecessors in interest and/or title which is not subject to this Section at the time the applicant submits a preliminary plan of subdivision for approval.

(c)

Whenever an adequate school facility fee is charged in conjunction with a building permit, it shall be reduced by the full amount of the school facilities surcharge imposed on that same permit.

(CB-3-1997; CB-104-1998; CB-15-1999; CB-40-2001; CB-30-2003; CB-104-2012)