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§ 13.06 GROWTH MANAGEMENT 13-37 <br /> construction.' Many cities utilize capital improvements program- <br /> ming for the financing and timing of infrastructure. Fewer cities <br /> systematically consider the land use and developmental impacts of <br /> decisions concerning facilities such as roads,sewage treatment facili- <br /> ties and sewer extensions.s <br /> [2] Capital Improvements Provision and Growth Management <br /> Capital improvements programming (CIP) decisions can be refe- <br /> renced to the comprehensive plan to assess potential sprawl-induc- <br /> ing impacts of facility decisions.'Local land development regulations <br /> may also be linked to capital improvements planning and program- <br /> ming! In this context,utility extension policies can ensure that ade- <br /> quate public facilities are currently available or planned to serve <br /> proposed development. However,the"holding out"doctrine would <br /> generally require a utility-based reason for extending, withholding, <br /> or mandating connection to water and sewer services.' <br /> A locality's capital improvements program embodies concerns <br /> that are a basis for utility extension policies. For example, a growth <br /> management program included a capital budget providing for the <br /> development of certain sewerage and drainage improvements <br /> • within six years, and a capital program which provided for the loca- <br /> tion and sequence of additional capital improvements for the 12 <br /> years following the life of the capital budget.9 The Maryland decision <br /> in District Land Corp. v. Washington Suburban Sanitary Commis- <br /> sion10 held that future construction of water and sewer lines would <br /> be bound by the current CIP.11 However, existing commitments to <br /> water and sewer service based on a prior Five-Year Sewerage Pro- <br /> 4 Localities generally follow a five-year programming process,with annual updat- <br /> ing for construction in progress.The annual capital improvements budget is separated <br /> from the capital outlay budget for the next fiscal year. The capital improvements <br /> program refers to the schedule for the succeeding four-year period,and is generally <br /> not considered binding for particular improvements in the specified year.So,supra <br /> N. 3, at 130. <br /> 5 Cetzels be Thurow,supra N. 1 at 2-3. <br /> 6 See generally Roberts,supra, 15-18. <br /> 7 See § 12.11(4),re: consistency of public works projects. <br /> See § 13.07[3],infra. <br /> 9 Golden v. Planning Bd. 285 N.E.2d at 294-95. <br /> 10 292 A.2d 695,699 (Md. 1972). <br /> 11 Id. at 702. <br /> (Release #25, 7/87) <br /> • <br />
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