Below are the highlights that are featured in the April
2010 edition of the Montgomery County Business
Legislative Update:
oBill 34-10
- Finance - Public Facilities - Private Projects -
Amends definition of public facilities to exclude construction,
reconstruction, extension, acquisition, improvement,
enlargement, alteration, repair or modernization of any
privately owned building or facility
oSRA 10-02- Minor
Subdivisions - Applicability - Allows parcel owners with
certain legally single family detached dwellings to use the
minor subdivision procedures
Finance - Public Facilities - Private
Projects
NEW
Amends definition of public facilities to
exclude construction, reconstruction, extension, acquisition,
improvement, enlargement, alteration, repair or modernization of any
privately owned building or facility -
Bill 34-10
Introduced May 18, 2010 by Leventhal and Knapp
PHED Worksession: July 12, 2010; 9:30am
Public Hearing: June 22, 2010; 1:30pm
_________________________________
Taxation - Fuel-Energy Tax - Rate
Increases the rates of the
fuel-energy tax and generally amends County laws related to the
fuel-energy tax - Expedited Bill
15-10
Introduced March 23, 2010 by Council President at the request of
the County Executive
MFP Worksession: April 21, 2010; 9:00am; April 29, 2010;
1:30pm; May 7, 2010; 9:00am; May 17, 2010; 1:30pm
NEW
Expected act to temporarily suspend
requirement to adjust certain impact tax rates for inflation and
generally amend the law governing impact tax rates -
Bill 32-09
Introduced July 23, 2009 by Elrich
MFP Worksession: September 21, 2009; 2:00pm; September 29,
2009; 2:00pm; February 8, 2010; 2:00pm
Public Hearing: September 15, 2009; 1:30pm
Expires: January 28, 2011
_________________________________
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
MFP Worksession: March 9, 2009; 2:00pm; April 14, 2009;
2:00pm; May 13, 2009; 9:00am; June 22, 2009; 2:00pm; February 8,
2010; 2:00pm
Allows parcel owners with certain legally
single family detached dwellings to use the minor subdivision
procedures - SRA 10-02
Introduced May 18, 2010 by Elrich
PHED Worksession: June 14, 2010; 9:30am
Public Hearing: June 22, 2010; 1:30pm
_________________________________
C-2 Zone - Automobile Filling Stations
Allows automobile filling stations located in
a regional shopping center as a permitted use in the C-2 Zone -
ZTA 10-04
Introduced March 16, 2010 by District
Council at the request of the County Executive
Public Hearing: May 20, 2010; 7:30pm
_________________________________
Development, Coordination, Oversight
Provides further coordination and oversight of
master-planned development and development districts; and generally
amends the law governing coordination of development -
Bill 1-10
Introduced January 19, 2010 By
Trachtenberg and Knapp
PHED Worksession: April 5, 2010; 2:00pm;
April 22, 2010; 9:30am
NEW
Expires: July 19, 2011
_________________________________
Growth Policy - Amendments
Renames and modifies the County Growth Policy
and revises the process to adopt and amend the County Growth Policy -
Bill 38-09
Introduced November 3, 2009 by
Floreen and Knapp
PHED Worksession: December 7, 2009;
2:00pm; January 21, 2010; 9:30am
Public Hearing: December 1, 2009;
1:30pm; December 3, 2009; 7:30pm
Expires: May 3, 2011
_________________________________
Subdivision Approval - Conflict Resolution
Resolves certain conflicts between departments and agencies
concerning the conditions of the approval of a preliminary
subdivision plan and generally revises the requirements for approval
of a preliminary subdivision plan
PHED Worksession: September 21, 2009; 2:00pm; October 13,
2009; 2:00pm
Public Hearing: July 28, 2009; 1:30pm
_________________________________
Zoning Text Amendment - Home Occupations and
Residential Off-street Parking
Amends
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
PHED Worksession: July 13, 2009;
2:00pm; September 14, 2009; 2:00pm
Public Hearing: June 9, 2009; 7:30pm
___________________________________________
Land Use - Christmas Tree Sales
Amends or revises 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
PHED Worksession: February 23, 2009; 2:00pm; October 8,
2008; 2:00pm
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
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)
No pending legislation
Transportation, Infrastructure, Energy & Environment (T&E)
Buildings - Energy Efficiency - Repeal
Repeals the requirement that certain
residential buildings meet certain energy star standards; and
generally amend law relating to buildings, energy and environmental
policy - Expedited Bill 10-10
Introduced March 23, 2010 by Council
President Floreen at the request of the County Executive
Worksession: April 28, 2010; 2:00pm;
May 4, 2010; 10:45am; May 18, 2010; 10:20am
NEW
Public Hearing: April 13, 2010; 1:30pm
Expires: September 23, 2011
Committee recommends approval
__________________________________
Noise Control - Arts and Entertainment
Activities
Sets different noise levels standards
for certain arts and entertainment activities; exempt certain noise
levels from being treated as a noise disturbance; require certain
notices to be given to certain potential homebuyers near these
activities; and generally amend the County noise control law -
Expedited Bill 06-10
Introduced
March 2, 2010 by the Council
President Floreen and Elrich
Public Hearing: March 23, 2010; 7:30pm
Expires: September 2, 2011
___________________________________________
Buildings - Permits and Inspections
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
T&E Worksession: July 13, 2009;
2:00pm; September 14, 2009; 2:00pm
Public Hearing: June 9, 2009; 7:30pm
Expires: November 5, 2010
___________________________________________
Enforcement of County Laws - Notice of
Violation - Appeals
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 Council President
Andrews at the
request of the County Executive
T&E Worksession: July 13, 2009;
2:00pm; September 14, 2009; 2:00pm
Public Hearing: June 9, 2009; 7:30pm
Expires: November 5, 2010
___________________________________________
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 Floreen, Knapp,
Elrich, Leventhal, and Council President Andrews
T&E Worksession: April 27, 2009; 9:00am; May 8, 2009;
11:00am; June 15, 2009; 9:30am
Finance - Public Facilities - Agricultural
Easements
Amends the definition of public facility to
include the purchase of certain agricultural easements; and
generally amend the county finance law -
Expedited Bill 08-10
Enacted 05/04/10 - Not yet signed into law
_________________________________
Motor Vehicles and Traffic - Speed Monitoring
Systems
Expedited Act to authorize use of speed
monitoring systems on certain highways under certain circumstances;
and generally regulate the use of speed monitoring systems in the
County - Expedited Bill 7-10
Enacted - LMC 2010 - Ch. 12
___________________________________________
Workforce Housing - Voluntary
Amendment modifying requirement for
workforce housing - Bill 4-10
Enacted - LMC 2010 - Ch. 11
_________________________________
Economic Development - Biotechnology Credit - County Supplement
Expedited Act authorizing County to
supplement the state biotechnology investment incentive tax credit
and generally amend the law governing County financial incentives
for investment in certain businesses -
Expedited Bill 5-10
Enacted - LMC 2010 - Ch. 9
_________________________________
Forest Conversation - Enforcement
Amends the forest conservation law to modify
number of required inspections and the notification period for
inspections as well as amending the penalty and hearing procedures
for the forest conservation law -
Bill 34-09
Enacted - LMC 2010 - Ch. 6
ZONING TEXT
AMENDMENTS/SUBDIVISION REGULATION AMENDMENTS
Residential Townhouse (RT) Zones - Existing Dwellings
Adds a provision to make
certain existing structures conforming -
ZTA 10-02
Enacted - Ordinance No. 16-52
_________________________________
Exemptions - Legal Dwellings
Provide an exemption from current zoning
standards for certain unplatted parcels with legally constructed
one-family detached dwelling units -
ZTA 10-03
Enacted - Ordinance No. 16-51
_________________________________
Residential Zones - Agricultural Vending
Allows the sale of farm produce by
Certified Agricultural Producers in residential zones under certain
circumstances - ZTA 09-11
Enacted - Ordinance No. 16-50
_________________________________
Life Sciences Center
(LSC) Zone - Revisions
Amends the Zoning Ordinance to revise the LSC
Zone to permit mixed-use development under certain circumstances
- ZTA 09-07
Amendment defining the term
"workforce housing unit" and providing standards for development of
workforce housing units - ZTA
10-01
Enacted - Ordinance No. 16-46
_________________________________
Transit Mixed-Use (TMX) Zone - Prior Approvals
Allows any approved development plan,
supplementary plan or site plan to construct subject to the
applicable approval; allows amendments to preliminary plans and site
plans approved under any prior zone under certain circumstances -
ZTA 09-13
Tax bills will be arriving July 1, 2010. In a
declining real estate market, there may be opportunities to
reduce property tax payments by seeking review of the
assessed value. Contact
GovernmentRelations@shulmanrogers.com
for a no-fee discussion of property's assessed value and your
options for appeal.
The City
of Rockville adopted a broad-reaching new building code,
amending Chapter 5 of the City Code and included new Green
Building Regulations. The new code applies both to new
construction and renovations and both to commercial and
residential buildings. The ordinance is effective July 1 and
can have significant impacts on your building and projects.
Email
GovernmentRelations@shulmanrogers.com
to determine how the new code impacts your building or
renovation.
Park
and Planning has
revised its Semi-Annual Report which further alters its Master Plan and Sector Plan schedules. Email
GovernmentRelations@shulmanrogers.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, 2010. Dates are subject to
change.
