This study presents a summary of stakeholder perspectives on the effectiveness of Maryland's Priority Funding Areas and barriers to growth within PFAs. It relies upon responses to a telephone survey of forty-seven representatives from three key stakeholder groups—planners, policy advocates and consultants, and developers.
Passed in 1997, Maryland’s Smart Growth and Neighborhood Conservation Initiative took a novel approach to growth management, utilizing the power of the purse to encourage sustainable development. The initiative seeks to discourage suburban sprawl through a targeted spending approach, while also allowing local governments to retain their land use decision-making authority. It required local governments to designate Priority Funding Areas (PFAs) where state infrastructure funding would be focused. Through this tool, the State aimed to promote development and revitalization within Maryland’s urbanized areas, while limiting the urbanization of Maryland’s rural areas and green spaces.[i]
Data from the Maryland Department of Planning, however, suggests that PFAs are having limited impacts. The percent of single-family acres developed outside of PFAs has risen steadily over time.[ii] Development densities have declined in PFAs, with the average parcel size inside PFAs increasing from 0.25 acres in 1990 to 0.28 acres in 2004.[iii] Despite their disappointing performance, PFAs are anticipated to play key roles in future policies regarding development on septic systems and in PlanMaryland, the state development plan.
Given their growing prominence but questionable efficacy, PFAs warrant further examination. That is the purpose of this study, conducted by the Housing Strategies Group of the National Center for Smart Growth Research and Education at the University of Maryland, and funded by the Maryland State Builders Association and NAIOP Maryland chapters. The study relies upon responses to a telephone survey of forty-seven representatives from three key stakeholder groups—planners, policy advocates and consultants, and developers. HSG made every effort to obtain the perspectives of a variety of sources but it is important to note that the survey respondents could not be said to be randomly selected and the sample size is too small for rigorous statistical analysis.
While not presenting new empirical analysis of the influence of PFAs on development patterns across the State, the study does produce new information on how critical stakeholders view the efficacy of PFAs and the barriers to development inside PFAs:
- Most respondents think PFAs are only somewhat effective or not effective at all. Of those responding to the question, “To what extent have PFAs been an effective urban growth management tool?” 78 percent responded either “not at all effective” or “somewhat effective.” When asked to comment on the effectiveness of PFAs, respondents from each of the three groups interviewed mentioned inconsistencies between state and local planning objectives as contributing to the ineffectiveness of PFAs. In theory, PFAs can provide the opportunity to reduce uncertainty and development costs by coordinating state and local infrastructure investments. There have also been examples of local governments reducing impact fees and providing expedited review processes within their PFAs, but these cases are generally more the exception than the rule. Most suggested that PFAs are either ignored in the local planning process or create additional impediments to local planning, because existing land use patterns and development rights predated the establishment of PFAs. In one jurisdiction, local growth areas are intentionally drawn to be larger than PFAs to create a “buffer” between existing urbanized areas and areas planned for future growth. In explaining continued growth outside PFAs, planners in particular pointed to legacy zoning and grandfathered permits. Others pointed to consumer preferences and the relative ease of development outside PFAs from the regulatory and community opposition perspectives. When development does occur within PFAs, state policy is often less a factor than the strength of the local market for PFA development.
- Most respondents think it’s more difficult to develop land inside than outside PFAs. When asked, “Holding other things constant, do you believe it is more difficult to develop land inside or outside PFAs?” respondents citing “inside” PFAs outnumbered those citing “outside” by almost four to one. A large percentage (29 percent) also indicated that designation inside or outside a PFA had no impact on the difficulty of development. Several indicated that the difficulties arise not from spatial differences in regulations but in how they are applied. Citizen opposition, for example, can be more severe within PFAs, because the higher density of development implies satisfying a larger number of constituencies. The difficulty of assembling multiple parcels of land makes “staging” of development inherently more difficult. Parking must often be built as structured parking below-grade, increasing construction costs. Utility easement requirements (i.e. 10-foot right of way requirements) often inherently favor suburban development. Environmental regulations, while not directly designed to discourage development within PFAs, may be more difficult to satisfy due to the higher probability of soil contamination combined with additional requirements to achieve LEED certification. Satisfying APFO requirements can also be more difficult within PFAs where roads, schools, and other facilities are more burdened.
- Citizen opposition, consumer preferences, APFOs, scarcity of zoned land, lack of infrastructure, and stormwater management regulations are the most commonly-cited constraints to developing inside PFAs. Respondents were asked to identify from a list of conditions, which were impediments to development or redevelopment inside PFAs and which were among the top three impediments. The most frequently cited impediments include stormwater management regulations and citizen opposition. Respondents from all categories suggested that recent changes in the State’s stormwater mitigation requirements make redevelopment within existing urban areas more difficult. When asked to prioritize the impediments, the most frequently cited items included citizen opposition, APFOs, scarcity of zoned land, and lack of infrastructure. Combined, these suggest that local regulatory processes requiring substantial citizen review, which are also tied to local infrastructure capacity constraints through APFOs, or ad-hoc moratoria can impose significant constraints to development within PFAs. Respondents also identified quality-of-life considerations, particularly schools and crime, as influencing market demand within PFAs. Developers remarked that inconsistencies between current soft-market realities combined with stringent regulatory constraints limit the feasibility of development within many PFAs. Inappropriate requirements for ground-level retail square footage, parking, stormwater management, and environmental standards are some examples of such inconsistencies.
- High rise apartments and mixed use developments are viewed as the most difficult products to develop within PFAs. All three groups indicate that while the market for multifamily and mixed-use projects is strongest within many PFAs, these development types are also the most difficult to capitalize and bring to completion. When asked to elaborate, citizen opposition, land availability, economic return and infrastructure capacity were all frequently-cited constraints facing developers of these project types. Several respondents also pointed to a general lack of understanding among the public about mixed-use developments and their potentially beneficial community impacts.
- Zoning and the adequacy of infrastructure are viewed as the most influential public policy tools. When asked, “Which of the following planning tools is the most important determinant of whether or not a development or redevelopment projects will be approved on a given parcel of land?” a parcel’s status vis-à-vis the PFA made little difference, according to the three groups interviewed. The most important determinants of development approval are the parcel’s zoning and the existence of adequate infrastructure. Policy advocates also point to the importance of local public support and political leadership.
Survey respondents identified a number of ways to improve development conditions in PFAs, ranging from limiting the length of APFO restrictions to reducing impact fees and lowering level of service requirements for certain types of infrastructure inside PFAs. Other recommendations included expediting the state agency review processes and lessening stormwater management and other environmental protection requirements for projects inside PFAs.
Based on the findings of this and previous studies, the HSG offers the following recommendations:
- Require that PFAs be consistent with growth areas, incorporated into comprehensive plans and be reviewed as part of the comprehensive plan review process every ten years. Currently, PFAs are not required in comprehensive plans, which are reviewed every six years.
- Require that PFAs contain sufficient development capacity for 20 years of residential, institutional, commercial, and industrial growth. Currently, PFA capacity criteria include only residential development.
- Provide local governments with greater flexibility in constructing PFAs if they place greater restrictions on development outside PFAs. This recognizes that “one size does not fit all” when it comes to PFAs across the State and would provide local governments some flexibility on the size of PFAs if they restrict development outside PFAs.
- Require local governments to include a housing element in their comprehensive plans that permits, but does not require, high density and mixed use development.
- Establish minimum zoned density requirements that vary for urban, suburban, and rural PFA communities.
- Enable local governments to reduce regulatory restrictions (e.g., road service standards, stormwater management and forest preservation requirements) inside PFAs, especially in transit station areas.
- Limit development moratoria from adequate public facilities ordinances to four years. If moratoria cannot be lifted in four years, require local governments to increase development capacity elsewhere.
- Target state infrastructure spending in areas within PFAs under adequate public facilities ordinances moratoria.
- The State should work with local governments and other development stakeholders to further identify barriers to growth specific to the PFAs within each jurisdiction. Collectively they should work to identify options for overcoming these barriers.
- The State should work with local governments to periodically conduct a statewide infrastructure needs assessment as well as a review of growth related capital funding approved and planned by the state and local governments.
[i] Knaap, Gerrit-Jan, and John W. Frece (2007). “Smart Growth in Maryland: Looking Forward and Looking Back.” Idaho Law Review 43, 445-473.
[ii] Sartori, Jason, Terry Moore, and Gerrit Knaap. Indicators of Smart Growth in Maryland. National Center for Smart Growth Research and Education, January 2011.
[iii] Lewis, Rebecca, Gerrit-Jan Knaap, and Jungyul Sohn (2009). “Managing Growth With Priority Funding Areas: A Good Idea Whose Time Has Yet to Come.” Journal of the American Planning Association 75:4, 457-478.
Maryland is often referred to as the birthplace of smart growth, a movement in land use planning that contributed to what is now referred to as sustainability planning, sustainable development, and sustainable communities. Maryland adopted a Smart Growth Program in 1997 with the primary purposes being to use incentives to (1) direct growth into areas already developed and having public facilities, and (2) reduce the conversion of farm, forest, and resource land to urban uses.
The National Center for Smart Growth Research and Education at the University of Maryland was established in 2000 in large part because of Maryland’s leadership in the field of smart growth. Its mission is to provide research and leadership training on smart growth and related land use issues in Maryland and in metropolitan regions around the nation. Thus, a key focus of the Center’s research is Maryland’s Smart Growth Program: where is it effective, and how can it be improved?
This report provides some indicators (also called performance measures) that suggest answers to those questions. The term “suggest” is important: (1) there are many limitations of any assessment based on indicators, no matter how well developed, and (2) the indicator assessment reported here is only in its preliminary stages. Understanding the limitations of indicators is critical to interpreting their significance. Thus, Section 2 and Appendix B of this report discuss in some detail data, methods, and limitations.
Researchers and policymakers acknowledge those limitations, but that acknowledgement does not slack their desire for indicators that say something concrete about whether desired outcomes are being achieved, and at what cost in direct expenditures and spillover effects; and about directions for policy that would increase the desired outcomes, reduce the costs, or both. Sections 3 and 4 address those issues.
Section 3 reports indicators for six categories of issues. Population and employment growth drive development. That development is the immediate concern of the two thrusts of the Maryland Smart Growth Program: it puts pressure on the natural areas that the Program wants to protect, and it can occur in development patterns that not only eliminate and vitiate those natural areas, but also are inefficient from the perspective of providing transportation and other infrastructure and, ultimately housing (and other buildings). Some of the key findings:
- Population. The population growth rate in Maryland approximately equals the national average. The indicators give no direct, rigorous, or even casual evidence that the Smart Growth Program either increased or decreased the amount or composition of population growth statewide.
- Employment. Employment and other measures of economic activity have consistently grown over the last two decades in Maryland and all its regions. From 2000 to 2009, Maryland had the 13th highest annualized rate of job growth (1.0%) among the 50 states. Indicator data allow the conclusion that the Smart Growth Program did not stop economic growth, but they do not allow a conclusion about whether the Program increased or decreased that growth from what it would have been in the absence of the Program.
- Transportation. For most measures of transportation performance that are standardized, Maryland looks like other states: VMT, congestion, and car ownership have risen consistently over time. Maryland has higher transit ridership than most states, some of which may be attributable to the Smart Growth Program but most of which is attributable to Maryland’s proximity to Washington, D.C. and its own historical investments in transit (especially in Baltimore and in suburban Maryland) that pre-date the Program.
- Development patterns. Urban development continued in Maryland at densities lower than several comparison states from 1990 to 2000. Most of that growth has not been infill of urban areas: the predominant form of urban development in Maryland remains suburban. Three-fourths of the new single-family acres were developed outside PFAs since 1997. Indicators of Smart Growth in Maryland NCSGRE January 2011 Page 3 While this indicator has shown some improvement in recent years, the share of parcels developed outside PFAs continues to demonstrate an increase over time. Despite increases in density for the state as a whole (which is inevitable if there is any population growth), a substantial amount of Maryland’s new growth has been occurring in the exurban areas of the state. The share of population that lives within a half-mile of rail transit stations, however, has generally risen over time.
- Housing. Although the single-family share of new housing construction has fallen recently, the single-family share of housing in Maryland is high for a highly urbanized state. Housing prices have inflated faster in Maryland than most other states the last few decades, clearly raising questions of affordability, which varies across the state.
- Natural areas. The trends for acres of farm and forest land have been steadily downward in Maryland and the U.S. for a long time, but data suggest that rate of decline is decreasing. Maryland and its counties have protected well over 1.3 million acres of land. There is still, however, a substantial amount and percent of critical land that is not protected. Measures of air quality are mainly stable or improving, yet measures of water quality demonstrate poor conditions in watersheds across the state.
If the indicators here are leaning in any direction, it is that Maryland has not made substantial progress toward improving its performance in many of the areas pertaining to smart growth. There are, however, reasons to qualify a direct conclusion like that one:
- Without the kind of research design that goes well beyond the reporting of indicators into statistical controls for multiple explanatory variables, there is no solid way to rebut the hypothesis that what the Maryland Smart Growth Program did was to prevent many indicators from getting much worse than they are.
- Things take time. Many changes in technology, social attitudes, prices, and the built environment occur slowly. Indicators of Smart Growth in Maryland NCSGRE January 2011 Page 4
- If it is too early to expect to see much by way of results (e.g., changes to trends) then perhaps indicators of outcomes should be supplemented by indicators of inputs: of efforts made to stimulate future change (i.e., the number and strength of policies to change the patterns and effects of growth).
Adequate Public Facilities Ordinances in Maryland: Inappropriate Use, Inconsistent Standards, and Unintended Consequences
The purpose of this study is to examine the implementation and effects of APFOs and the relationship between APFOs and Maryland’s Smart Growth policy. Thirteen counties and 12 incorporated municipalities in Maryland have enacted ordinances designed to assure that infrastructure necessary to support proposed new development is built concurrently with, or prior to, that new development. These Adequate Public Facilities Ordinances, or APFOs as they are commonly called, are designed to assure that public schools, roads, sewers, water for fire fighting, police and rescue response times and/or other infrastructure or services are “adequate” to support proposed new development. APFOs are timing devices that can be a useful tool for managing urban growth. When properly used, they can help ensure that needed facilities and services are available for new development and can signal to planners and elected officials what types of infrastructure, in which particular growth areas, are in need of additional capital improvement spending. They are intended to provide the rationale for prioritizing infrastructure investment decisions. As of April 2005, 13 counties and 12 municipalities had implemented APFO ordinances. In terms of categories of services included in the 12 county APFOs, all cover schools and roads. While two counties limit their APFOs to those two service categories, nine others include water and sewage capacity; three include water for fire suppression in rural areas, two include police/fire/rescue services; and one includes recreation. Not only do categories of services included in the APFOs vary, but so do a) the standards used to gauge adequacy, and b) the approaches taken by the counties when a development proposal is judged as leading to service or facility inadequacy. Moreover, APFO standards in a given jurisdiction can and do change over time as local elected officials respond to the concerns of constituents, other stakeholders and changing public policy objectives.
This study finds that APFOs in Maryland are often poorly linked to capital improvement plans, and moratoria can last for indefinite periods of time. Further, the consequences of APFOs in Maryland are often unintended and their effects frequently contrary to the broader land use policies of the state. In many counties that employ APFOs, they have become the dominant planning tool rather than just one of many tools a county might use to manage its growth.
When roads, schools or other infrastructure are judged to be insufficient to meet the standards established within APFOs, the result is often a moratorium on building until the infrastructure is ready to come on line. Often, the only way these moratoria can only be lifted is through the payment of impact fees by developers. These fees are, in turn, passed through to new home buyers. While this practice is justified by some observers as being consistent with the “benefit standard” (i.e., those who benefit from a particular service or facility should be the ones to pay for it), it ignores the benefits that accrue to the community from new development. Another perspective is that it places a disproportionate burden for the cost of new infrastructure on new home buyers. Under the latter perspective, if new development is consistent with a jurisdiction’s comprehensive plan, then it is appropriate for the funding for needed services and services be borne by the jurisdiction as a whole.
The study also finds that APFOs are applied in ways that often deflect development away from the very areas designated for growth in county comprehensive plans to rural areas never intended for growth, to neighboring counties, or even to adjacent states. An analysis of the effects of APFOs on housing in Harford, Howard, and Montgomery counties found that over a three-year period, APFOs deflected as much as 10 percent of the new home development that otherwise would have been built within the PFAs of those counties. It is likely that the cumulative effect is that the amount of housing available in those counties is reduced, housing prices are inflated, and the growth simply moves elsewhere.
APFO consistency with a local comprehensive plan is possible only if adequate funding is allocated to provide necessary infrastructure in the plan’s designated areas. That, however, is often not the case. In short, APFOs appear to be fueling the same pattern of development the state’s Smart Growth policy is intended to curtail. This result appears to be at odds with both the intent underlying the enactment of local Adequate Public Facilities Ordinances and the land use goals of the state.
Today's Vision, Tomorrow's Reality: Summary Report of the Reality Check Plus Growth Visioning Exercises
"Reality Check Plus” was the name given to a series of growth visioning exercises that were held in four different regions in Maryland in late spring 2006. The events were designed to help elected officials, government leaders, business executives, civic organizations, environmentalists and everyday Marylanders become more aware of the level and pace of growth that is projected to come to Maryland by 2030 – and to ask them think about the potential challenges and consequences Marylanders will face as a result of such dramatic change. It also was designed to encourage citizens and elected officials to think about ways to address growth issues on a regional or even statewide basis.
Can urban growth patterns take advantage of economies of scale in infrastructure by relying on fewer and larger treatment plants? Estimates of potential cost savings from alternative wastewater treatment consolidation strategies for the metropolitan Chicago region suggest that the timing of consolidation is important. Carefully timed consolidation, even consolidation that occurs after development has occurred, might yield present value savings on the order of $170 million in capital costs. These potential savings are large enough that such strategies should be considered when planning for metropolitan growth.