BALTIMORE CITYcity
Mayor and City Council Strike Deal to Fund Affordable Housing, Raise Transfer and Recordation Taxes
Over MBIA's objections, Mayor Catherine Pugh and Council President Jack Young, struck a deal with affordable housing advocates to fund the Affordable Housing Trust Fund at roughly $20 million per year using a combination of tax increases, bond spending and general fund commitments. The agreement raises the Transfer Tax .6 percent and the Recordation Tax .15 percent on transactions over $1 million. The MBIA predicts these increases will drive down property sale prices resulting in lower property tax assessments, ultimately costing the City taxable revenue. The MBIA is disappointed in this deal, which will have a public hearing in the City Council on September 27th.
 
Fire Code Appendix D Repeal Bill Passes, Awaits Mayor's Signature 
Council Bill 18-0259, repealing Appendix D of the International Fire Code (IFC) and replacing it with the more flexible NACTO Urban Streets Guidelines unanimously passed the City Council. The bill now awaits the Mayor's signature to go into effect. If the Mayor does not sign the bill, which she has signaled is her plan, the bill will go into effect without her signature on October 29, 2018. This bill will help move the City beyond the current impasse created by inflexible enforcement of the Fire Code by the Fire Department which has stalled numerous development and transportation projects citywide for over a year. Read MBIA's letter urging the Mayor to sign this bill into law immediately >>>  and Read a letter to the Baltimore Sun by MBIA Vice President of Government Affairs Josh Greenfeld >>>, describing how this issue must be solved to create better development and transportation outcomes across the City.
 
City Set to Increase Traffic Mitigation Fees Drastically
The City of Baltimore has proposed a very significant increase in traffic mitigation fees in the City's five traffic mitigation zones phased in over 5 years as shown on the table below.  These potential increases are proposed to be adopted by the Board of Estimates after a 45-day comment period ending September 4. The MBIA is asking the Board of Estimates to reject this massive fee increase.
If the traffic mitigation fees will impact projects of interest to you,
contact the City Administration as well as members of the Board of Estimates.  If you have personal relationships with any of the officials, MBIA is asking you to call your contacts and urge them to reject this massive tax increase.
 HOWARD COUNTYhoward
Pre-Submission Meeting Changes for Nonresidential Projects
DPZ has amended the pre-submission community meeting requirements for site development plan submissions in accordance with Section 16.156 of the Subdivision and Land Development Regulations. The amended regulations now require that all new nonresidential developments and any existing nonresidential development proposed for a floor area expansion of more than 25 percent require a pre-submission community meeting, eliminating the previous provision that one was only required if the development was located within 200 feet of a residential zoning district. CB-40-2018 exempts County Capital projects for which a community outreach meeting has been held by the County or the Howard County Public School System.  The new requirements are effective as of September 8, 2018.  Therefore, any new nonresidential site development plans submitted on or after September 8, 2018 will require the pre-submission community meeting prior to DPZ's acceptance of the SDP for plan processing.
DPZ has also updated the "Pre-Submission Community Meeting Notification Requirements" and "Development Review Process" handouts for distribution at the pre-submission community meetings to reflect the changes per CB-40-2018.  
   MONTGOMERY COUNTYmontcoun
Montgomery County Continues to Modify Forest Conservation
Currently, Expedited Bill 24-18, Forest Conservation-Amendments, is before the County Council with a work session tentatively scheduled for September 27th. As introduced, this bill creates a new exemption from submitting a forest conservation plan for property owners that demolish existing structures and return the land to natural conditions. The bill removes the ability to pay as one factor that must be considered in determining an administrative civil penalty, defines "tract" to make it consistent with the regulations and further clarifies the modification to existing development exemption from submitting a forest conservation plan. The Planning Commission voted unanimously to transmit the bill to the County Council.
In addition to the aforementioned bill, the Montgomery County Planning Department is proposing amendments to the Forest Conservation Regulations adopted by the Planning Board in 2001. These regulations contain administrative requirements related to the review and processing of Natural Resource Inventories, Forest Stand Delineations, Exemptions from Submitting a Forest Conservation Plan, and Forest Conservation Plans that are acted upon by the Planning Board under Chapter 22A. MBIA staff is working with MBIA's Environmental Committee and Planning Department staff directly. If you have specific questions or concerns about proposed changes to the regulation, please contact Erin Bradley at [email protected].
 
Montgomery County Planning Department Releases FY 19 Work Program
The County Planning Department has released its Work Program for fiscal year 2019. In addition to on-going projects and master plans, highlights of the Department's Work Program include:
  • Updating the Montgomery County General Plan
  • Aspen Hill Vision Zero Pedestrian Study and Zoning Analysis
  • Shady Grove Sector Plan - Minor Master Plan
  • Ashton Minor Master Plan Amendment
  • Study of Traffic Generation from Mixed-Use Development
For those interested in the Aspen Hill Vision Zero study, the kick-off meeting will be held Wednesday, September 26. Learn more about the kick-off meeting>>>
 
DPS' New Fee Schedule for FY 19
On July 1, 2018, the Montgomery County Department of Permitting Service's (DPS) FY 19 fee schedule went into effect. Fees were adjusted according to the Council's FY 19 approved budget which resulted in a three percent fee increase. Please note, the schedule provided is an estimate and final fees will be calculated by DPS.

  PRINCE GEORGE'S COUNTYprinceg
Hearing on Preliminary and Detail Site Plan Extensions
On September 5th, the Planning Zoning and Economic Development Committee will hold a hearing concerning two bills that will extend the validity periods for both preliminary and detail site plans. If passed, both CB-59-2018 and CB-60-2018 will allow for extensions until 2020. The Council is currently considering legislation, CB-013-2018, to enact a new, comprehensive rewrite of the text of the Prince George's County Zoning Ordinance. The Council is also considering concurrent legislation, CB-014-2018, for the purpose of enacting a comprehensive zoning process which, when approved, will apply the specific zoning classifications set forth in the new Zoning as to all properties in the County. As a result, the Council finds that such countywide comprehensive zoning process will likely require a minimum time frame of 18-24 months, or sometime during calendar year 2020. The hearing will take place at 10:00 a.m. in the County Administration Building in Upper Marlboro, MD.
SOUTHERN MARYLAND southmd
Total Conduit Environment for Urban Single Family Lot Subdivisions
SMECO recently sent out a memorandum to Builders, Developers, Property Owners, and Engineers in the SMECO Service Area, now requiring total conduit environment in urban single family lot subdivisions and townhome developments. The proposed total conduit environment policy could cost a tremendous amount of money to the building industry. The Southern Maryland Chapters of MBIA have met with officials at SMECO and are working with elected officials to revise this destructive policy. We will keep you informed on any new developments, with respect to this sufficient policy change. Please see the attached memo concerning Total Conduit Environment for Urban Single Family Lot Subdivisions.
  WICOMICO COUNTYwicomico
Revenue Cap Debate
Discussion once again has surfaced on Wicomico County Revenue Cap. The Revenue Cap was approved overwhelmingly by voters in 1999 and does not have an emergency contingency. If nothing is done, it will remain that way for the next 20 years. Suggestions for changes are:
  • Changing the language of the cap to be able to take the higher of consumer price index for all urban consumers, or CPI-U, at 2 percent each year.
  • Using a different inflation index.
  • Implementing a safety valve to allow flexibility to cap limits in case of drastic economic changes. This would require a majority vote either by the public or pre-determined board.
  • Using homestead exemptions or circuit breaker programs such as benefits to taxpayers, with benefits increasing as incomes decline.
  • Implementing a sunset-reset clause to terminate the cap after an affixed time.
  • Eliminating the revenue cap and implementing a tax rate instead.
The Revenue Cap has become one of the main issues for the 2018 local elections in Wicomico County.
  WORCESTER COUNTYworchester
Sectional Rezoning of E-1 Estate Properties
The Worcester County Commissioners, after hearing testimony from property owners, in the Ayres Creek, MD Rte. 611, MD Rte. 376, and the South Point Road Neighborhoods voted to deny the sectional rezoning requested by the Worcester County Planning Commission. All of these properties had been recommended for rezoning from E-1 Estate District to R-1 Rural Residential District by the current Comprehensive Plan. The Commissioners directed staff to bring this back to them in 2021 when they begin reviewing the comprehensive plan and all of South Point is reviewed, not just one section.
 
Atlantic Coastal & Chesapeake Bay Critical Area Ordinance Update
The Worcester County Commissioners have approved $20,000 to hire a consultant to help staff update the Atlantic Coastal and Chesapeake Bay Critical Area Ordinances. The Atlantic Coastal Ordinance was last updated in 2002 and the Chesapeake Bay Ordinance was last updated in 1990. The staff would like to combine both ordinances into one in order to assist homeowners, contractors, surveyors, and numerous other entities by making the ordinances more streamlined and transparent. They would like to have the final ordinance updated and adopted by July 2019.
 
Showell Elementary School Bids Awarded
Showell Elementary School Construction bids have been awarded. Construction is scheduled to begin October 1, 2018 and will be completed by September, 2020. Total construction costs are estimated at $39,045.266. The maximum state allocation is $8,672,000. The overall cost for the replacement school is projected to be roughly $47.5 million.
 
Ocean City Roland E. Powell Convention Center
Governor Larry Hogan has authorized the Maryland Stadium Authority, in conjunction with the town of Ocean City, to move forward with funding the final phase of the addition to and renovation of the convention center. The $34 million project will be funded via $20 million from the state through the Maryland Stadium Authority, in addition to Ocean City's contribution of $14 million. Legislation will be submitted for the 2019 session of the Maryland General Assembly to allow MSA the needed capacity to finance the project.
 
Ocean City Solar Farm
Ocean City broke ground on Thursday, August 23 for their new solar farm. Local business Royal Plus Electric will be providing some of the labor for the solar project. The solar panels are anticipated to provide about 20-25 percent of the town's energy.
 
Wor-Wic Community College Carpentry Class
The Wor-Wic Community College Continuing Education Carpentry Class will begin on September 6, 2018. The class will be taught on Thursday night from 5:30 pm to 8:45 pm at Parkside High School. The fall session will cover Basic Construction Techniques. Bill Haase, Handy Hays Remodeling and Bob Purcell, Beachwood Inc. will teach the fall session.   The class is free to participants due to the grant that Wor-Wic Community College received from the state.  If you have an employee or know someone who would be interested in attending this class, please have them contact Bill Haase at 443-629-0927.
OTHER INDUSTRY NEWS other
Tool Launched to Aid in Environmental Practice Decisions
The Harry R. Hughes Center for Agro-Ecology has published a website that helps communities make decisions to address their local water quality needs. The website, baybmp.org, helps farmers, local governments, environmental organizations, community associations and the public navigate through the multitude of environmental best management practices available. The site is a compendium of best management practices used on Maryland's Eastern Shore, but the practices can be applied throughout the state and beyond. 
On the website, best management practices are split into three main categories - agriculture, urban, and tree/forest practices. Each entry on a given practice overviews its function, level of implementation difficulty, average cost and potential funding sources, it's efficiency to reduce nutrient loads, and maintenance information. Read the press release from the Harry R. Hughes Center for Agro-Ecology. 

Halfway to 2025: EPA releases results of Chesapeake Bay pollution diet check-in
The Environmental Protection Agency recently released the results of its check-in on the progress the six watershed states, the District of Columbia and federal agencies have made toward meeting the goals of the Chesapeake Bay Total Maximum Daily Load (Bay TMDL). According to data submitted by Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia, as well as the District of Columbia, the Chesapeake Bay Program (CBP) partnership exceeded its halfway goal for reducing phosphorus and sediment as measured under the current suite of modeling tools, but it fell short for nitrogen. 
The six watershed states and D.C. are moving into the third phase of the Bay TMDL, using the information from the midpoint assessment to write their watershed implementation plans.
Detailed evaluations for the Bay jurisdictions and federal agencies, as well as a factsheet which provides a summary of the progress from 2009 through 2017, are available.
SEPTEMBER 2018
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