Marks among councilmembers who will support APFO legislation

Baltimore County Councilman David Marks (R-5) announced he will cosponsor legislation that reforms the Adequate Public Facilities Ordinance (APFO), a statute that governs how development is approved in school districts.

The bill is sponsored by Councilman Izzy Patoka (D-2), chair of the county council.

According to Marks, the current APFO has been widely criticized by many community leaders and parents as allowing development in areas where schools exceed their state-rated capacities.

In addition to support from Patoka and Marks, the legislation is also cosponsored by Councilmembers Wade Kach and Mike Ertel, representatives of the third and sixth councilmanic districts, respectively.

“Several years ago, I sponsored a resolution that created a task force to examine possible improvements to the Adequate Public Facilities Ordinance,” Marks said in a statement. “I am pleased to be a part of this effort to improve and modernize the APFO.”

The legislation has several important elements, all of which reflect the recommendations of the task force.

Among other provisions, the bill shifts the timing of the school capacity adequacy test so that it occurs prior to the issuing of a building permit.

The legislation adjusts the definition of an overcrowded school district from 115 to 100 percent of State Rated Capacity, according to Marks.

“Most people would agree that anything above 100 percent means a school exceeds its capacity, but that is not the case with the current APFO,” Marks said.