In 2014 Montgomery County adopted a comprehensive amendment to its zoning ordinance and now it embarks on the process of rewriting its subdivision regulations. Subdivision regulations facilitate the planning authority of local jurisdictions by regulating the division of property and assuring the provision of adequate public facilities for the proposed development.
The comprehensive amendment to Chapter 50 of the Montgomery County Code (the “Subdivision Regulations”) was introduced by the County Council as Subdivision Regulation Amendment (“SRA”) 16-01. The Montgomery County Council held its public hearing on February 23, 2016. The March 21, 2016 Montgomery County Council Planning, Housing and Economic Development Committee (“PHED Committee”) meeting on SRA 16-01 has been tentatively rescheduled to June 2016. Public written comments are requested to be submitted into the record prior to the PHED Committee meeting (i.e., by May 24, 2016).
SRA 16-01 proposes substantive changes to the Subdivision Regulations, as well as reorganizing and simplifying the text, and is proposed to go into effect 90 days following its adoption. To highlight some procedural changes, SRA 16-01 adds a simplified administrative subdivision plan approval process that allows the Director of Planning for the Maryland-National Capital Park and Planning Commission to approve the subdivision of land classified in certain Rural Residential Zones or the Residential Estate –2 Zone into not more than three lots. This administrative subdivision plan approval process is also available to plat, for the construction of a detached house, a single parcel in any residential zone that was created before October 8, 1985. SRA 16-01 also reduces the seven resubdivision criteria to four, requiring the Planning Board of the Maryland-National Capital Park and Planning Commission to make a finding as to lot size, shape, width and orientation.
SRA 16-01 also categorizes preliminary plan amendments as minor or major amendments, providing for approval of a minor amendment without a public hearing.
SRA 16-01 also proposes to change private street requirements, specifically construction/layout requirements, which have become points of contention. These revisions have raised various concerns from the public and private sectors and we anticipate them to be a focus of the PHED Committee’s June meeting.
Since the County Council’s schedule for SRA 16-01 has been extended, developers and owners pursuing development of property subject to the Subdivision Regulations have additional time to become familiar with the proposed changes and vocalize any concerns.
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