§ 22.04.010. Terms and definitions.

As used in this title, the following terms shall have the meanings indicated:

"Adequacy" means that adequate facilities exist or are expected to exist to serve existing development and the proposed project.

"Age-restricted residential project" means any other housing that is either:

1.

Provided under any state or federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or

2.

Intended for, and solely occupied by, persons sixty-two years of age or older; or

3.

Intended and operated for occupancy by persons fifty-five years of age or older, and:

a.

At least eighty percent of the occupied units are occupied by at least one person who is fifty-five years of age or older; and

b.

The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and

c.

The housing facility or community complies with rules issued by the Secretary of Housing and Urban Development for verification of occupancy, which shall:

(i)

Provide for verification by reliable surveys and affidavits; and

(ii)

Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of subparagraph 3.b. Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.

4.

The age restriction shall be noted on the plat and recorded in the land records for Anne Arundel County.

"Applicant" means a person, partnership, firm, corporation, company, any other entity or combination of entities, or an agent thereof, with an interest in the proposed development and that undertakes or participates in the activities covered by these regulations, and that applies for a Certificate of Adequate Public Facilities.

"Development" means the construction or enlargement of residential, commercial, industrial, institutional or transportation uses or principal structures.

"Facilities" means:

1.

Public facilities provided, managed or within the exclusive control of the City of Annapolis and includes:

a.

Fire, rescue, emergency medical and fire inspection services;

b.

Police protection;

c.

Public maintenance services;

d.

Water and sewer services;

e.

Recreational facilities;

f.

Non-auto transportation;

g.

Storm water management;

h.

City roads.

2.

Public schools managed by the Anne Arundel County Board of Education.

"Inadequacy" means that adequate facilities are not currently available to serve existing development and the proposed project.

"Major site design plan" is as defined in Section 21.22.020(B)(1) for a project covered by this title.

"Proposed project" means all new development or redevelopment of any non-residential building or any mixed-use development of non-residential and residential uses, proposed by an applicant, where the proposed development is greater than ten thousand square feet in area or a residential subdivision of more than eleven lots regardless of the square footage of the development.

"Redevelopment" means the expansion, significant rehabilitation, alteration, reconstruction, or substantial improvement of any existing principal structure on a site, which has previously been developed. The construction of new structures on an undeveloped site is not redevelopment for purposes of this title.

(Ord. O-29-06 Revised § 1 (part), 2008: Ord. O-32-06 Revised § 1 (part), 2007)

(Ord. No. O-36-15 Amended, § I, 7-25-2016)