Recap of Planning Board on 4/15/13

Howard County's Planning Board met on Monday in a public work session to review proposed text amendments as part of the comprehensive zoning process. The current Planning Board members are Dave Grabowski, (Chair), Paul Yelder (Vice-Chair) Josh Tzuker, Bill Santos, and Jacqueline Easley.

While there are many proposed text amendments considered by the Planning Board, a few have been particularly interesting:

1. Allow chicken keeping on properties where the lot is greater than 10,000 square feet and there is a single-family detached dwelling, which is occupied as a residence. Residents can have up to 8 hens, and no roosters. This has been well followed in the local news.
2. Require permits of businesses run out of a person's home.
3. Allow granny pods on certain residential properties. Granny pods are portable, temporary housing units which are outfitted with medical monitoring devices. The proposed amendment would allow a second dwelling unit on a lot for the use of an elderly or disabled immediate family member of the principal dwelling unit.

The next scheduled work session is Monday, April 22, 2013 at 6:00pm, in the George Howard Building, 3430 Court Avenue, Ellicott City, MD 21043.

Maryland grocery stores and liquor sales

From the Baltimore Sun: Groceries seeking ways around wine sales ban

Wine - To Go?

From the Baltimore Sun, a follow up article to their previous article about growler sales in Howard County: Wine-to-go containers added to bill allowing 'growler' sales in Howard Co.

Growlers

From the Baltimore Sun: City, Howard Co. weighing expansion of growler beer sales

Farmers disagree over proposal to relax zoning rules for pick-your-own operations

From Explore Howard: Farmers disagree over proposal to relax zoning rules for pick-your-own operations

On Route 40, Latin Market's liquor application gives hope, draws critics

From Explore Howard: On Route 40, Latin Market's liquor application gives hope, draws critics

Forest Conservation

Gorman Park, September 2011

Recently, there have been a few articles in the local press discussing forest sustainability. The Baltimore Sun wrote about complaints from forest advocates regarding development around Patapsco Valley State Park on both December 6 and December 7. After reading these articles, and driving by the Christmas tree lot set up at our local high school, I decided to look into forest conservation in Howard County.

In 1991, Maryland passed the Maryland Forest Conservation Act, which was followed by the Howard County Forest Conservation Act in 1993. These acts require developers to:  

address forest resources during the planning and review phases of land development. Any project proposing to clear or grade more than 20,000 square feet of forested land must provide a specified acreage of forest retention, reforestation, and/or afforestation relative to the proposed extent of forest clearing or grading.

The developer enters into a Forest Conservation Agreement, which is an easement, with Howard County. The developer must provide a Plat of Forest Conservation Easement (Plat), a Forest Conservation Plan (FCP), and a Deed of Forest Conservation Easement (Deed) before the County approves a final development plan. The Forest Conservation Plan details what actions the developer must take for the property in question . This includes whether the developer is engaging in forest retention or if he is to plant new trees within specific easements, including what species and sizes of trees are to be planted, and what protections are to be provided to the easements before, during, and after development.

In the event that there is no opportunity for forest conservation, the developer must pay a fee assessed per square foot of property to be developed.

The Department of Recreation and Parks (DRP) was granted the power to inspect forest easements by the Department of Planning and Zoning (DPZ) in 2001.

Now Agreements permit DRP staff to access easement areas to complete forest conservation inspections and to investigate possible violations of the Howard County FCA.  DRP staff members are directed by County planners within DPZ when to inspect specific forest conservation projects.  The costs of inspections are funded through fees paid by developers to the County.  Investigations of possible FCA violations are initiated by reports from concerned citizens, through the use of aerial photography or Geographical Information System (GIS) maps, and as a result of County personnel discovering a possible violation during the completion of their day-to-day activities.

Howard County requires a two-year survival and maintenance period for all forest conservation projects. Developers are required to post a bond throughout this period to guarantee compliance. A forest conservation project must pass an initial inspection before the two-year survival and maintenance period commences.  The inspection determines whether easement boundaries are correct, if planting and forest retention match the FCP, that protective signs are in place, that any violations are mitigated, that invasive species are being managed, and that the public is being educated.  A plot survey of reforestation and afforestation areas is completed to determine FCP compliance and tree survival.  A survival rate of 90% or better is required to initiate the two-year survival and maintenance period. A survival rate of 75% or better is required after two years.  Inspections may continue until the developer brings the project into compliance with the FCA.

If the DRP determines that there are encroachments or violations during the two-year survival and maintenance period, the developer must correct these issues. After the two-year survival and maintenance period ends, the DRP enforces FCA regulations. The DRP first tries to correct violations through public education and cooperation. After that, DRP can issue warning notices and civil citations to force compliances. Any collected fines fund DRP's restoration plan for mitigation of the site.

Howard County provides the following recommendations for project success in regards to forest conservation:

1. Request an extension from DPZ if a project is incomplete.
2. Verify the installation and replacement of forest conservation signs prior to scheduled inspections.
3. Educate the local community of forest conservation objectives and regulations.  It is best to respond to small problems before they become big problems.
4. Routinely monitor easements to assess tree survival and identify site-specific stressors.  Planting the right trees for a site will cost less than repeatedly replacing the wrong trees.  A developer may need to revise an FCP to deal with a problem.
5. Numerous invasive species thrive in Howard County and are capable of overtaking existing and planted trees.  Once again, routine monitoring and management can prevent a small problem from becoming a big problem.

Changes to Howard County Alcohol Regulations?

From ExploreHoward.com: Liquor board weighs changes to county alcohol regulations

FastTrack for Business Development

On June 30, 2011, Maryland Governor Martin O'Malley held a press conference about his initiative, FastTrack, part of the Maryland Made Easy program. Under Executive Order 01.01.2011.12, also known as the Governor's Economic Development and Job Creation Fast Track, O'Malley seeks to create jobs through expediting the review of business and economic development projects that will have significant impact on their respective communities.

FastTrack coordinates the review process by state agencies, such as the Department of Business and Economic Development and the Environmental, Planning, Housing and Community Development. FastTrack complements the Central Business Licensing Initiative already in use under the Department of Business and Economic Development and the Department of Information Technology by providing “a one-stop shop to complete and submit various applications and permits regardless of agency or type of business.” For a project to be eligible for FastTrack review, it must meet certain criteria. First, the project must expect to produce jobs or economic development that will significantly impact Maryland, the region, county or municipality. Second, the project requires that Maryland issue at least one permit. Lastly, the project must either be in a Priority Funding Area, or meet the criteria for an exception. A priority funding area is usually a Protected Forest Area, Transit Oriented Development, an Enterprise Zone, or a Critical Area. A project developer can easily check if his project falls within a Priority Funding Area through an interactive map on the Maryland Made Easy website, www.easy.maryland.gov.

Not all projects will receive FastTrack review. Applications for FastTracking must be submitted to the FastTrack Coordinating Committee. Projects will be evaluated under eight criteria. First, the committee will consider the significance of the potential economic, job and business development of the project of the project in relation to the size of the jurisdiction that the project will benefit. Secondly, the committee will consider whether the project is designated a priority project by local government. Third, the committee will look at whether the project involves either infill development or redevelopment. Fourth, the committee will consider whether the project conflicts with an important state policy of goal, such as whether the project is located in a targeted ecological area. Fifth, the committee will determine whether the project furthers an important state policy or goal. Sixth, the committee will look at how quickly the project will proceed after receiving the necessary permits and approvals. Seventh, the project's environmental impacts will be considered. Lastly, the committee will consider it's own capacity to manage projects accepted for review.

Projects that are recommended by the FastTrack Coordinating Committee must then be brought before the Chair, who will then decide whether to accept a project for review. The Lieutenant Governor will Chair the FastTrack Coordinating Committee. Current Lieutenant Governor Brown said “Governor O'Malley and I believe that state government has a responsibility to lay the foundation for job creation and economic growth in Maryland, and making it easier for companies to do business in our state is a key part of that effort. Our new fast track initiative will help expedite the business development process while maintaining standards for smart growth and environmental protection. I am honored to lead this effort on behalf of Governor O'Malley and I look forward to working closely with Maryland's business community to make the FastTrack program a success.”

For more information, please feel free to contact our office.