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 08-04NEW
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 08-16NEW
Provides for an extension of the validity
period for an adequate public facilities determination for certain
properties, provides for the approval of a site plan to validate
phases of a preliminary plan and project plan for certain properties
under certain circumstances, and provides for the recordation of a
final record plat to validate all phases of a multi-phase
preliminary plan for certain properties under certain circumstances
SRA 08-03
Introduced June 24, 2008 by Knapp at the request of the County
Executive
Establishes a definition for an arts or
entertainment use, expands the means to satisfy the public use space
and public facility and amenity requirements of the optional method
of development in the CBD zones under certain circumstances, amends
the findings required for approval of a project plan, amends certain
development standards for a project that includes an arts or
entertainment use and allows for the establishment of a different
project plan and site plan validity period for an arts or
entertainment use ZTA 08-15
Introduced June 24, 2008 by Knapp at the request of the County
Executive
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
Introduced June 24, 2008 by Knapp at the request of the Planning
Board
Public Hearing: July 29, 2008; 1:30pm
PHED Worksession: September 8, 2008; 2:00pm; September 22, 2008;
2:00pm
NEW
Requires applicants for certain building
permits in residential zones to notify certain property owners and
to request neighborhood design guidelines established by certain
civic or homeowners associations and generally amends the law
regarding building permits
Bill 15-08
Amends the provisions concerning an
established building line and requires regulations to implement the
provision concerning a sloping lot; also amends the maximum building
height for certain lots in the R-200 zone as well as the maximum
building coverage for certain lots in the certain one-family
residential zones and generally amends the development standards for
one-family residential zones
ZTA 08-11
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, 2:00pm
NEW
Removes the
Alternative Review Committee from the preliminary plan approval
process, allows certain preliminary plans to exceed density or
building height limits to permit the construction of all MPDUs and
bonus units on-site, and generally amends the provisions relating to
preliminary plans SRA 08-02
Introduced April 29, 2008 by the
District County at the request of the County Executive
Removes the Alternative Review Committee from
the development plan and project plan approval processes, allows
certain development plans or project plans to exceed density or
building height limits to permit construction of all MPDUs and bonus
units on-site, and generally amends provisions relating to
Development Plans and Project Plans
ZTA 08-07
Introduced April 29, 2008 by the
District Council at the request of the County Executive
Defines an accessory residential unit, allows
an accessory residential unit as a permitted use in the I-4 Zone if
the use is located in a Transit Station Development Area, modifies
the special regulations of the I-4 Zone to address development in a
Transit Station Development Area and generally amends the I-4 Zone
ZTA 08-06
Introduced April 15, 2008 by the
District Council at the request of the Planning Board
Public Hearing: May 20, 2008;
7:30pm
PHED Worksession: June 16, 2008;
2:00pm; September 8, 2008; 2:00pm; September 22, 2008; 2:00pm
NEW
Establishes the Transit-Oriented Mixed-Use 1.0
(TOMX-1) and the Transit-Oriented Mixed Use 1.0/Transferrable
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
Amends the Zoning Ordinance to allow certain
accessory structures in the side yard of one-family residential
zones and amends the standards related to accessory structures in
one-family residential zones
ZTA 08-04
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
NEW
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
Introduced June 26, 2007 by
Leventhal
Public Hearing: July 19, 2007;
1:30pm
PHED Worksession: July 23, 2007;
September 25, 2008; 2:00pm
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
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
Public Hearing: July 19, 2007;
7:30pm
PHED Worksession: TBD
Rural Density Transfer Child Lot
Standards
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
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
Introduced May 24, 2007 by
Praisner at the request of the Planning Board Public
Prohibits the parking of commercial vehicles,
buses, and recreational vehicles in certain areas and generally
amends the law regarding vehicle parking Bill 27-08
Introduced June 24, 2008 by Knapp
Public Hearing: July 22, 2008; 7:30pm
PS Worksession: September 11, 2008; 9:30am
Transportation, Infrastructure, Energy & Environment (T&E)
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
NEW
Requires certain commercial, multi-family
residential, and single family residential buildings to meet certain
Energy Star standards, requires the Director of the Department of
Public Works and Transportation to develop an energy baseline,
energy unit savings plan, and energy cost savings plan for each
County building, and requires a building owner to pay an
Environmental Sustainability Fee if the building does not comply
with certain energy efficiency and environmental design standards
Bill 30-07
Introduced November 20, 2007 by
Berliner, Praisner, Elrich, Floreen, and Trachtenberg
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
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
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
Amends the law allowing a property tax credit
in arts and entertainment districts to conform to State law,
clarifies that the property tax credit applies to the portion of a
building that is used by a qualifying residing artist or arts and
entertainment enterprise, and generally amends County law regarding
arts and entertainment districts
Bill 13-08
Enacted LMC 2008 Chap. Pending
Taxes Personal Property Tax Electric
Generating Equipment
Increases the percent of assessment for
personal property tax purposes of certain machinery or equipment
used to generate electricity, steam for sale, or hot or chilled
water for sale that is used to heat or cool a building
Expedited Bill 5-08
Enacted LMC 2008 Chap. 4
Consumer Protection Energy and
Environmental Advocacy
Requires the Office of Consumer Protection to
represent the Countys interest in obtaining the lowest possible
rates consistent with environmental stewardship for gas,
electricity, and other energy sources by participating in matters
pending before appropriate federal and state agencies
Bill 35-07
Enacted LMC 2008 Chap. 12
Planning Procedures
Greenhouse Gas Emissions
Requires the Montgomery County Planning Board,
when preparing certain plans, to assess a plans potential impact on
greenhouse gas emission in the County and consider options that
would minimize those emissions
Bill 34-07
Enacted LMC 2008 Chap. 11
Renewable Energy
Requires the Director of the Department of
Environmental Protection to develop a Renewable Energy Action Plan
after evaluating options for increasing the use of renewable energy
in and by the County, including the feasibility of creating a
Sustainable Energy Utility, prohibits enforcement of certain deed
restrictions, covenant, rules, or regulations relating to renewable
energy devices, and creates a property tax credit for installation
of certain renewable energy devices
Bill 33-07
Enacted LMC 2008 Chap. 10
Environmental Sustainability Climate
Protection Plan
Establishes goals to reduce Countywide
greenhouse gas emissions by certain amounts, requires the Director
of the Department of Environmental Protection to prepare a Climate
Protection Plan designed to achieve Countywide goals for greenhouse
emissions, requires the Directors of the Department of Environmental
Protection and Department of Finance to evaluate the costs and
benefits of converting the fuel energy tax to a carbon tax, and
requires the Director of the Department of Environmental Protection
to recommend whether the County should join a cap and trade program
Bill 32-07
Enacted LMC 2008 Chap. 9
Real Property Energy Performance Audits
Requires that a home energy audit be conducted
as part of a home inspection completed in connection with the sale
of a single-family residential building
Bill 31-07
Enacted LMC 2008 Chap. 8
Buildings Energy Efficiency
Requires certain commercial, multi-family
residential, and single family residential buildings to meet certain
Energy Star standards, requires the Director of the Department of
Public Works and Transportation to develop an energy baseline,
energy unit savings plan, and energy cost savings plan for each
County building, and requires a building owner to pay an
Environmental Sustainability Fee if the building does not comply
with certain energy efficiency and environmental design standards
Bill 30-07
Enacted LMC 2008 Chap. 7
Environmental Sustainability Climate
Protection Motor Vehicles
Requires certain County vehicles to use
biodiesel fuel, requires the Director of the Department of Public
Works and Transportation to conduct an annual inventory of sport
utility vehicles in the County fleet, requires certain fuel
retailers to sell low carbon fuel within a certain time after the
Director of the Department of Environmental Protection finds that
the fuel is widely available in the County; and requires the
Director of the Department of Human Resources to prepare a
Telecommuting Action Plan
Bill 29-07
Increases the rate by $3.10 per every $1000 of
sale price above $500,000, with the additional revenue divided
equally between rental assistance programs for low and moderate
income tenants, and County government capital projects such as
roads, libraries, and police/fire stations
Bill 11-07
Increases the tax rate by 125%, increases the
large-house surtax from $1.00 to $2.00 per square foot, and applies
the large large-house surtax to single-family dwelling units larger
than 3500 square feet up to 8500 square feet
Bill 10-07
Requires certain material distributed in
connection with the sale of residential real property to disclose
the amount of property tax a buyer would be obligated to pay after
purchase Bill 24-07
Prohibits discrimination in housing,
employment, public accommodations, cable television service, and
taxicab service on the basis of gender identity
Bill 23-07
Requires the owner of a mobile home park to
give the County, the Housing Opportunities Commission, and a tenant
organization an opportunity to buy the mobile home park before it is
sold to another person Expedited
Bill 18-07
Requires sellers of real property in
Agricultural Zones to notify potential buyers that state and county
laws protect owners and operators of agricultural uses from certain
lawsuits Bill 12-07
Requires the owner of certain rental housing
built after a certain date to give the County, the Housing
Opportunities Commission, and any tenant organization the right to
buy the rental housing before it is sold to another person
Bill 7-07
Clarifies the types of individuals with
disabilities who are eligible for tenancies when certain rental
housing is converted to condominiums
Bill 1-07
Allows optional method of development projects
in the Fenton Village Overlay Zone additional building height to
accommodate workforce housing units and generally amends building
heights in the Fenton Village Overlay Zone
ZTA 08-08NEW
Provides a definition for a Transit Center,
amends the purpose of the C-2 zone to allow transit oriented
mixed-use development use in close proximity to Transit Centers; and
generally amend the provisions of the C-2 zone to allow transit
oriented mixed-use development near transit stations
ZTA 08-13NEW
Amends the Zoning Ordinance to allow a
landscape contractor as a permitted use in the CT if the site
adjoins a railroad right-of-way and any property recommended for
commercial, industrial or public use
ZTA 08-02NEW
Amends the Zoning Ordinance to remove the
restrictions on health clubs in industrial zones and generally
amends the provisions related to health clubs in industrial zones
ZTA 08-09NEW
Enacted Ordinance No. 16-21
Central Business District Zone Revisions
Amendments
Provides flexibility for Central Business
District zoned projects, revises provisions for transfer of public
use space in Overlay Zones, establishes standards and procedures for
optional method projects to make payments, and revises requirements
and standards for approval of a project plan
ZTA 07-10
Clarifies the provision for special exemptions
to address Growth Policy issues through the deletion of redundant
text and clarification of subject sections, updates to the process
for review of special exemptions and adds the requirement for an
application for a local zoning map amendment to address public
facilities issues ZTA 07-17
Allows permit fees to be waived for all
nonprofit organizations on the Planning Boards list of civic and
homeowner organizations, and removes references to the content of
any sign that may have waived or reduced sign permit fees
ZTA 07-15
Amends the definition of radio and television
broadcasting studio, amends the height standards in the
Ripley/South Silver Spring Overlay Zone, and deletes expired credit
provisions ZTA 07-14
Exempts minor building permits from a finding
of conformance to an approved site plan, and establishes a procedure
and standards for the approval of minor site plan amendments by the
Planning Director ZTA 07-05
The City of Rockville
Planning Commission has completed its overhaul of the Rockville
Zoning Ordinance and has forwarded its draft to the Mayor and
Council for review and adoption. Changes will implement new
zones that affect car dealerships, hotels, commercial
properties, retail businesses and may impact residential
properties. The Mayor and Council adoption is slated for early
3rd quarter 2008. The public record for submission of comments
will close on July 11, 2008. Email
GovernmentRelations@srgpe.com
for details on how to submit comments and to learn how your
property may be impacted by the new Rockville Zoning Ordinance.
On January 29, 2008
Councilmembers Elrich and Leventhal introduced Bill 2-08 which
would (i) require an employer of certain domestic workers to
sign a written contract of employment; (ii) authorize a domestic
worker to file a complaint with the Office of Consumer
Protection if an employer does not comply; and (iii) generally
amends the County law regarding consumer protection, employment,
and domestic workers. A Public Hearing was held on February 26,
2008. A Public Safety Committee worksession was held on April
10, 2008 and on June 26, 2008 at 9:00 am. Email
GovernmentRelations@srgpe.com
for more information.
The State legislature passed
a measure (SB 522) requiring all Maryland homeowners to re-apply
for Homestead Tax Credit at the time of re-assessment. Failure
to do so could cause a significant increase in a homeowners
real property taxes.
Park and Planning has altered
its Master Plan and Sector Plan schedules based on the current
budget cycle. 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 August 1, 2008. Dates are subject to
change.
