Davidson Eliminates its Adequate Public Facilities Ordinance

Davidson Town Board voted unanimously to removing a Adequate Public Facilities Ordinance (APFO) from its zoning code Tuesday night, just over a year after settling a developer’s lawsuit over the statute.

First adopted in 2001, Davidson’s APFO required residential developers to determine whether adequate infrastructure capacity exists before their project could be approved. If it was determined that the existing public facilities (roads, parks, police and fire service) were inadequate to serve the proposed development, the project would be denied unless the developer agreed to pay to bring them up to the town’s desired level of service.

A Planning Ordinance Diagnostic Report completed in January by an outside consultant recommended eliminating the APFO, as the town’s facilities currently meet or exceed the desired level of service called for in its Capital Improvement Plan. In February, Davidson’s Planning Board voted 9 – 1 to support that recommendation.

REBIC believes that APFOs are ineffective means to address the needs of future growth and unfairly place the burden of paying for infrastructure on a community’s newest residents. Equitable funding of local capital improvements requires all members of a community pay for public infrastructure, not just the newest arrivals. We applaud Davidson for eliminating its APFO and look forward to working with the town on more effective strategies to plan for growth.

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