Below are the highlights that are featured in the June
2009 edition of the Montgomery County Business Legislative
Update:
* The County Council
introduced Zoning Text Amendment 09-03 - Home
Occupations and Residential Off-street Parking.
This multi-faceted ZTA would limit or abolish parking or
some commercial vehicles in residential zones and would
impose new or stricter requirements on home-based
occupations. See details below in the Planning,
Housing and Economic Development Section (PHED) -
ZTA 09-03
* The County
Council introduced Bill 24-09 - Buildings - Permits
and Inspections. This Bill would change
building permit and inspection requirements for some
construction. See details below in the
Transportation, Infrastructure, Energy & Environment Section
(T&E) -
Bill 24-09.
* The County
Council introduced Bill 22-09 - Enforcement of County
Laws - Notice of Violation - Appeals. This
Bill would reduce some appeal options when the County
undertakes certain enforcement action. See details below in the
Transportation, Infrastructure, Energy & Environment Section
(T&E) -
Bill 22-09.
* Please visit
our Councilmember Corner Section. This month features Councilmember
Marc Elrich.
CouncilmembeR
CorneR
Marc Elrich
was elected to his first at-large term in November 2006. Marc brings
to the Council extensive experience in local government, civic
involvement, and public education. Marc served 10 terms as a
member of the Takoma Park City Council where he focused on practical
solutions to the problems faced by his constituents. He helped
oversee a budget of $19.3 million and the services the City provides
directly, including a library, housing department, police service,
public works, recreation facilities, waste collection and recycling
program. He championed the City's efforts to make affordable,
safe and high-quality rental housing available and has worked to
help tenants purchase and become owners of their apartment
buildings.
Marc
developed expertise in planning, economic development and
transportation while serving on the Montgomery County Transportation
Policy Report Task Force, the Silver Spring Redevelopment Task Force
and on a County advisory committee reviewing a sector plan. He
was president of his civic association and has been a leader in
civic groups working to decrease traffic congestion. He also has
been an active member of citizen groups advocating for improvements
for schools, sustainable development, the environment equality and
rights.
Marc serves
on the Montgomery County Councils Planning, Housing and Economic
Development Committee (PHED). Serving on the PHED Committee allows
him to focus on ensuring that development occurs at a pace that fits
our infrastructures ability to handle it. Today our schools, roads,
police and fire services are falling behind. Marc also serves on the
Councils Public Safety Committee, where he takes a special interest
in juvenile issues. As a 5th grade teacher at Rolling Terrace
Elementary School for 16 years, Marc was a strong supporter of
smaller class sizes, school modernization and curriculum that helps
students to learn. As a Councilmember, he focuses on improving
education and opportunity for all Montgomery County students.
Marc
attended Montgomery County Public Schools and graduated from
Einstein High School. He earned a BA in History from the University
of Maryland and a Masters in Teaching from Johns Hopkins University.
Marc raised his now adult children in Montgomery County and has
three grandchildren.
Further defines which communications
are allowed when a decision must be made on the basis of a hearing
record; and generally amend the County law regarding communications
to decision-makers -
Bill 12-09
Introduced March 31, 2009 by Andrews, Berliner, Floreen, Ervin
and Leventhal
Public Hearing: April 28, 2009; 1:30pm
Worksession: June 15, 2009; 2:00pm
NEW
Development Impact Tax - Deferral
Authorizes the deferral of
certain development impact tax payments for a certain period; and
generally amend the law regarding payment of impact taxes -
Expedited Bill 4-09
Introduced February 10, 2009 by Andrews at the
request of the County Executive
Public Hearing: March 3, 2009; 1:30pm
MFP Worksession: March 9, 2009; 2:00pm; April 14, 2009;
2:00pm; May 13, 2009; 9:00am; June 22, 2009; 2:00pm
NEW
Zoning Text Amendment - Home Occupations and
Residential Off-street Parking
Amendment to County Zoning Ordinance to amend
the provisions and definitions concerning home occupations; amend
the provisions for violations; amend the definition of a commercial
vehicle; add a definition of a light commercial vehicle; add
definitions associated with off-street parking and home occupations;
require a use-and-occupancy permit for a one-family detached
dwelling; limit the amount of surfaced area in front yards for
certain one-family zones; limit parking in front yards to surfaced
area; limit off-street parking in clustered agricultural zones;
amend the provisions for renewing a special exception for a home
occupation; and generally amend the provisions related to home
occupations, off-street parking; and violations of the Zoning
Ordinance - ZTA 09-03
Introduced May 5, 2009 at the request of
the County Executive
Public Hearing: June 9, 2009; 7:30pm
_________________________________
Zoning Text Amendment - Special Provision - Parcel Consolidation
Amends the
Zoning Ordinance to allow 2 or more tracts of land created by deed
or plat before June 1, 1958 to be consolidated by record plat into 1
buildable lot without regard to the width and size requirements of
the underlying zone, if the tracts of land are under common
ownership, and a habitable one-family dwelling crossed a property
line created by a deed or plat -
ZTA 09-02
Introduced April 21, 2009 by Councilmember Berliner
Public Hearing: June 9, 2009; 1:30pm
Land Use - Christmas Tree Sales
Amendment to delete or revise the
date restrictions for Christmas tree sales; and generally amend the
provisions for Christmas tree sales and the sale of seasonal
decoration - ZTA 08-18
Introduced December 9, 2008 by the District Council at the
request of County Executive
Allows additional building height to
accommodate hotels in mixed-use optional method of development
projects in the Fenton Village Overlay Zone and generally amends
building heights in the Fenton Village Overlay Zone
ZTA 08-10
Introduced May 6, 2008 by Ervin and Elrich
Public Hearing: June 17, 2008; 1:30pm
PHED Worksession: June 26, 2008; 2:00pm; July 28, 2008; 2:00pm
Establishes the Transit-Oriented Mixed-Use 1.0
(TOMX-1) and the Transit-Oriented Mixed Use 1.0/Transferable
Development Rights (TOMX-1/TDR) Zones, established the allowable
land uses, development standards, and approval procedures for
development in these zones and amends the land uses, development
standards, and approval procedures for development in the TOMX-2 and
the TOMX-2/TDR Zones ZTA
08-05
Introduced April 8, 2008 by the
District Council at the request of the Planning Board
Revises the standards for setting sales prices
for moderately priced dwelling units (MPDU) and revises the control
periods and building standards of MPDUs. Also repeals the
authority of the Director of the Department of Housing and Community
Affairs to allow applicant to pay into the HIF instead of the MPDU
subdivision
Bill
38-07.
Introduced December 11, 2007 by
Knapp at the request of the County Executive
Public Hearing: February 5,
2008; 1:30pm
PHED Worksession: February 5,
2008; 1:30pm; Postponed to March 13, 2008; 2:30pm; March 17,
2008; 9:30am; March 31, 2008; 2:30pm; September 25, 2008; 2:00pm;
October 13, 2008; 2:00pm; November 24, 2008; 2:00pm; December 1,
2008; 2:00pm; January 15, 2009; 2:00pm; February 5, 2009; 3:30pm;
February 23, 2009; 2:00pm; March 30, 2009; 2:00pm; June 29,
2009; 2:00pm
NEW
Action:
Resolution to extend expiration date until December 31, 2009
NEW
Allows Planned Development Zones on certain
commercially zoned sites, provides a standard for commercial density
in Planned Development Zones, and removes the requirement that in
Planned Development Zones development in or adjoining a central
business district must comply with the use recommended in a master
plan ZTA 07-13
Introduced September 11, 2007 by
Praisner at the request of the County Executive
Amends the density calculations in the Rural
Density Transfer Zone to clarify that the number of child lots must
not exceed the allowable base density
ZTA 07-09
Introduced June 12, 2007 by
Praisner on behalf of the Maryland-National Capital Park and
Planning Commission
Public Hearing: July 19, 2007;
7:30pm
PHED Worksession: September 10,
2007; March 10, 2009; 2:00pm
Eliminates the requirement that a development
must use at least two-thirds of the allowable number of transferable
development rights in order to use any transferable development
rights ZTA 07-08
Introduced June 12, 2007 by
Praisner at the request of the Ad Hoc Agricultural Policy
Working Group
Amends the density calculations in the Rural
Density Transfer Zone to exclude a lot for a child under specified
conditions, and amends the standards to approve a child lot in the
Rural Density Transfer Zone
ZTA 07-06
Introduced June 12, 2007 by
Praisner at the request of the Ad Hoc Agricultural Policy
Working Group
Eliminates the requirement that a development
must use at least two-thirds of the allowable number of
transferable development rights in order to use any transferable
development rights SRA 07-02
Introduced June 12, 2007 by
Praisner at the request of the Ad Hoc Agricultural Policy
Working Group
Public Hearing: July 19, 2007;
7:30pm
PHED Worksession: TBD
Public Safety
(PS)
Transportation, Infrastructure, Energy & Environment (T&E)
Buildings - Permits and Inspections
NEW
Revises the validity periods for building
permits for certain dwelling units; revises inspection requirements
for certain dwelling units; and generally amends County law
governing building permits -
Bill 24-09
Introduced May 5, 2009 by the Council
President at the request of the County Executive
Public Hearing: June 9, 2009; 7:30pm
Unused Vehicles - Storage
NEW
Amends the definition of rubbish in Chapter
26; limits the storage of unused vehicles on residential property;
and generally amends County law governing the storage of unused
vehicles - Expedited Bill
23-09
Introduced May 5, 2009 by the Council
President at the request of the County Executive
Public Hearing: June 9, 2009; 7:30pm
Enforcement of County Laws - Notice of
Violation - Appeals
NEW
Authorizes an enforcement agency to issue a
notice of violation to enforce certain County laws; limits the
jurisdiction of the Board of Appeals regarding certain enforcement
actions taken by certain enforcement agencies; clarifies when
certain appeals may be taken and removes the right to appeal certain
orders and decisions; makes technical corrections and repeals
obsolete provisions of law; and generally amends County law
regarding enforcement - Bill
22-09
Introduced by the Council President at the
request of the County Executive
Public Hearing: June 9, 2009; 7:30pm
Parking Lot Districts - Use of Revenue
Expands the use of Parking Lot
District revenues for transit service serving the Parking Lot
District; and generally amends the law regarding the use of parking
lot district funds -
Expedited Bill
17-09
Introduced April 14, 2009 by Councilmembers Floreen, Knapp,
Elrich, Leventhal, and Council President Andrews
Public Hearing: May 5, 2009; 7:30pm
T&E Worksession: April 27, 2009; 9:00am; May 8, 2009;
11:00am; June 15, 2009; 9:30am
NEW
Amends the County forest conservation law in
various areas, including: the removal of certain exemptions from the
Forest Conservation Law, establishes criteria for certain levels of
review when applying for plans, revises requirements for
reforestation, financial security, appeal procedures and variance
requirements, and repeals provisions related to the Forest
Conservation Advisory Committee and the County Arborists
Bill
37-07
Introduced December 11, 2007 by
Knapp at the request of the Planning Board
Public Hearing: January 22,
2008; 7:30pm
T & E Worksession: February 7,
2008; 9:30am; Postponed to February 19, 2008; 9:30am, postponed
to March 17, 2008; 9:30am, postponed to July 14, 2008; 9:30am;
July 28, 2008; 9:30am; September 8, 2008; 9:30am; September 22,
2008; 9:30am; October 6, 2008; 9:30am; November 24, 2008;
9:30am
Authorizes the Department of Public Works and
Transportation to award a certain number of passenger vehicle
licenses under certain circumstances Expedited
Bill 26-07
Introduced October 30, 2007 by
Praisner at the request of the County Executive
Allows the Department of Public Works and
Transportation to issue temporary taxicab driver identification
cards to an applicant without obtaining both a state and a federal
background check in certain instances Expedited
Bill 17-07
Establishes outdoor lighting standards,
including standards relating to shielding, aiming, efficacy, color
rendition, power density, illuminance, luminance, controls, and
off-site spill, and requires a person to obtain approval of a
lighting plan from the Department of Permitting Services before
applying to the Planning Board for site plan approval or to the
Board of Appeals for a special exception
Bill 4-07
Makes standards and procedures governing
outdoor lighting consistent with the County Light Control Law, and
requires nonconforming lighting to comply with the County Light
Control Law ZTA 07-01
Introduced February 13, 2007 by
Praisner and Trachtenberg
Authorizes the deferral of
certain permit, inspection, license, and engineering fee payments
for a certain period; extend the time for abandonment of a building
permit; extend the time for recording an initial building
inspection; and generally amend the laws regarding permits and
related fees - Expedited Bill
5-09
Enacted - LMC 2009 - Ch. 10
Local Small Business Reserve Program
Increases the minimum percentage
of the combined dollar value of certain contracts that each using
department must award to local small businesses - Expedited
Bill 3-09
Enacted - LMC 2009 - Ch. 9
Finance - Spending Disclosure
Requires the County to develop and
operate a website that includes information on certain County
payments to contractors and grantees; providing guidelines for
public access to the information on the website; and generally amend
the County law governing public access to information and county
payments. Bill 1-09
Prohibits the Director of Permitting Services
from issuing a building permit if land was cleared in violation of
the forest conservation law, and allows an aggrieved party to file a
private civil action to enforce the forest conservation law
Expedited Bill 14-07
Prohibits the parking of commercial vehicles,
buses, and recreational vehicles in certain areas and generally
amends the law regarding vehicle parking
Bill 27-08
Allows the Director of the Department of
Housing and Community Affairs to set aside certain
specially-equipped moderately priced dwelling units for eligible
people with disabilities, and repeals the authority of the Director
to allow an applicant to pay into the Housing Initiative instead of
building some or all of the required moderately priced dwelling
units in a proposed subdivision
Bill 13-07
Enacted - ________________
ZONING TEXT
AMENDMENTS
Adequate Public Facilities - Validity Period
Extends the standard validity
period for a determination of adequate public facilities under the
subdivision regulations from 5 to 7 years and extend by 2 years the
validity period of any preliminary subdivision plan approved since
January 1, 2004 - SRA 09-01
Enacted - Ordinance No. 16-35
Wheaton Central Business Districts
Amendment revising the boundaries of
the Wheaton Central Business District -
ZTA 08-17
Allows certain preliminary plans to exceed
density or building height limits to permit the construction of all
Workforce Housing units on-site; and generally amends provisions
relating to preliminary plans
SRA 08-04
Allows certain development plans or project
plans to exceed density or building height limits to permit the
construction of all Workforce Housing units on-site and generally
amends provisions relating to Development Plans and Project Plans
ZTA 08-16
Establishes a Transit Mixed-Use (TMX) zone and
establishes allowable land uses, development standards, use of
buildable transferable development rights, and approval procedures
for development under the Transit Mixed-Use zone; intended to
implement the land use and density recommendations of the Draft
Twinbrook Sector Plan by replacing the Transit-Oriented Mixed Use (TOMZ)
zoning recommendation ZTA 08-14
Revises the validity period of a finding of
adequate public facilities by the Planning Board, and revises the
process and standards to extend a finding of adequacy
SRA 07-01
In May 2009, the
Maryland General Assembly passed a bill creating a Maryland Tax
Amnesty Program, the first in the state since 2001. The program
provides for waiver or reduction of some interest and penalties
only during the short amnesty period which extends from
September 1 through October 30, 2009. Email
GovernmentRelations@srgpe.com to learn more about the
Amnesty Program and eligibility.
The City of Rockville has introduced
significant changes to the Building
Regulations Section of the City Code including a Green Building
Section which would require all new construction of 7,000 g.s.f.
or greater to achieve the equivalent of LEED Silver. A
public hearing on these proposed changes to the Code is planned
for July 13, 2009.
Park and Planning has
introduced its Semi-Annual Report which alters
its Master Plan and Sector Plan schedules. Email
GovernmentRelations@srgpe.com
to learn of any current or upcoming Master Plans or Sector Plans
affecting your property.
Here is the legal part: (1) The information contained in this
publication should not be construed as legal advice. Please communicate with
your attorney for legal advice. (2) This Business Legislative Update highlights
legislation which the Government Relations Group believes to be relevant to the
interests of the business community. (3) The legislation reported here is not
exhaustive. Information is correct as of June 1, 2009. Dates are subject to
change.
