More, Really Bad Public Policy

There are 2 bills that will come before the County Council at the Monday, August 2 voting session that negatively impact both open space and the rights of individual citizens to participate in their own government. They should not be allowed to pass and we need your help to ensure that they don't. First, I'll briefly review the bills. Then, I'll discuss what you can do to help.

1. THE BILLS

Bill 77-21 (Councilman Jones): Would increase what qualifies for a limited exemption from 3 to 5 houses under section 32-4-106 of the County Code. This means removing requirements that the project have a community input meeting and review by an Administrative Law Judge. Why is this problematic?

1. It makes a bad open space situation WORSE: A 3-house development is known as a “minor subdivision” and is exempt from complying with the open space requirements under Section 32-6-108 of the Code. (This is not evident by reading the bill alone). Given that there are not a lot of large tracts of land left for development inside the URDL, there is a high likelihood of many more minor subdivisions. Given, further, that there is already a serious open space challenge, exempting a greater number of homes from meeting the open space requirements will only make a BAD situation WORSE.
2. These kinds of projects require more oversight, not less: Inside the URDL, these are largely infill projects and they happen in areas where there are already infrastructure challenges - serious issues with sewer capacity and the management of stormwater runoff.
3. The public's Constitutional due process rights to participate in government should be respected. If you live next to one of these sites, this bill takes away your opportunity to participate in a hearing on the project - you get no say, which just isn't right!

Bill 73-21 (Councilman Patoka): This is another "special" bill for a residential condominium project in a business zone that exempts the project from proper review and compliance with the open space and impact fee requirements. If you feel like you've heard this all before, it's because YOU HAVE! It is Bill 46-21, the Perry Hall Project that we wrote about here, removed to the 2nd Councilmanic District.  While our earlier article applies almost verbatim to this bill, here is a summary of its challenges for your convenience:

1. This is ‘ad hoc’ lawmaking,” legislating for a limited purpose without regard for the contents of comprehensive and community plans, for established zoning laws, and for other important provisions based in federal Constitutional law that are there to protect the public from the adverse impacts of development, including providing adequate open space and schools.
2. There is a strong case to be made that the legislation could be rejected should it be challenged in court because it is unlawful “spot” or “contract” zoning, an agreement between the developer and the zoning authority (the County Council), which is illegal, because, among other things, it grants the property owner a special privilege not available to others and interferes with the government’s exercise of its police powers (i.e., the duty to review development and to ensure that public facilities (open space and schools) are adequate for both new and existing residents).
3. If this bill becomes law, it sets legal precedent, establishing that it is okay for the County Council to take the Executive Branch out of its traditional review role, to trample all over citizens' rights to participate in their own government,  and to set aside rules requiring developers to pay their fair share of the costs of development (i.e. open space and schools).

2. HOW YOU CAN HELP

There are two ways you can help:

1. Contact the council sponsors listed above and ask them to withdraw these harmful bills. In addition, contact your Council member and urge him or her not support the bills:

• Tom Quirk, Council1@baltimorecountymd.gov
• Izzy Patoka, Council2@baltimorecountymd.gov
• Wade Kach, Council3@baltimorecountymd.gov
• Julian Jones, Council4@baltimorecountymd.gov
• David Marks, Council5@baltimorecountymd.gov
• Cathy Bevins, Council6@baltimorecountymd.gov
• Todd Crandell, Council7@baltimorecountymd.gov

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