WHO DO YOU KNOW? 
Help us make a connection.

 

Tell us if you know a Federal or Maryland State legislator and how you know them. Are you a neighbor, friend, business associate or second cousin twice removed? We want to know.

 

In the future, we may call on you to introduce us to that legislator. This can make a big difference when important legislation effecting the building industry comes our way.

 
BECOME A KEY CONTACT
   BALTIMORE CITYbaltcity
Chapter Dinner
The City Chapter's annual dinner at Fogo de Chao with the Mayor and City Council is scheduled for Wednesday, November 19 from 6-9pm.  Look for registration and sponsorship information soon.
   BALTIMORE COUNTYBaltcounty

Directional Sign Controversy

The Baltimore County Department of Permits Approvals and Inspections has begun enforcing a 1930's law that bans the use of all real estate directional signs on public and private property.  Builders and real estate professionals may no longer use directional signs on weekends to market new homes.  To kick-off enforcement of this old law, the County shut down permit inspections for 2 days in early September "to get the attention" of builders.  Builders were instructed to write the PAI Director and apologize for using signs in the past and promise not to use them again in the future.  Violators of this law will be fined and could face further enforcement action by the County. MBIA's Baltimore County Chapter is discussing our options to remove the directional sign ban, which may include legislation.

   CALVERT COUNTYCalvert

Calvert County to purchase TDRs from more than 60 farmers

Calvert County plans to purchase $1.25 million worth of transferable development rights from more than 60 farmers.  Each applicant can apply to have up to five TDRs purchased by the county, which could help 66 farmers through the purchase of more than 300 TDRs. The TDRs will be purchased from the farmers for $3,750 each.  The Board of County Commissioners voted unanimously to set the purchase and retirement fund price at $3,750 per TDR, to offer funding to up to five TDRs per applicant until the funding is exhausted and directed staff to accept purchase and retirement applications until Dec. 5.

   CARROLL & HOWARD COUNTIEScarandhoward

Joint Chapter Event

The joint chapter event between Howard County and Carroll County at Baldwin's Station is scheduled for Thursday, November 20 from 4:30-7:30 pm.  Local elected officials from Howard County and Carroll County will be invited.  Tickets are $45. Stay tuned for registration information.

   CHARLES COUNTYcharles

Technical Review Committee Process Changes

The Charles County Department of Planning Growth and Management has sent out a public notice to advise the public and the development community that it has established a new review process for the Technical Review Committee related to Preliminary Plans, Final Plats, Site Development Plans and the associated project submittal application packages. The purpose of establishing this process is:

 

  • To ensure that projects can be processed in a timely manner.
  • To allow applicants to plan ahead in anticipation of completion dates of their projects.
  • To allow the county staff to better manage their work loads and to finalize project reviews in a timely manner.
  • To reduce inconsistent and/or overlapping review agency comments.
  • To eliminate repetitive requests for information based on the available information.
  • To comply with county requirements for complete and accurate project information.

The Technical Review Committee will adhere to the following process: 

  1. Once projects are found to be sufficient for review, they will be distributed to the applicable TRC members for review and comments by the designated Project Manager
  2. The TRC members will review the projects and make comments in writing to the designated Project Manager. The Project Manager will provide these technical comments to the applicant who is then requested to respond to each comment and resubmit the project - if needed
  3. Once the project is re-submitted, the revisions and responses will be re-distributed to the TRC members along with any design changes.
  4. After the second round of TRC review comments are completed, and if there remain unresolved issues, a Technical Review Committee meeting will be scheduled by the Project Manager and include pertinent TRC members, the applicant, and consultants, as needed.
  5. The applicant will be provided the second round of comments at least ten (10) working days prior to the TRC meeting. The applicant shall request, to the Project Manager of the project, which members of the TRC should be in attendance at the TRC meeting. Members that are requested must attend. If they are not available, a new TRC date will be scheduled at the request and the option of the applicant.
  6. The TRC meeting will be held to discuss resolution of any outstanding issues.
  7. If needed, after the TRC meeting is held, a final re-submittal is required by the applicant and a final staff review is held. This review will result in one of three staff TRC options: recommendation for approval, recommendation for approval of conditions, or a recommendation for denial. The project will then be forwarded to the deciding administrator or agency.
  8. After the TRC recommendations are made, the project will not be considered for additional TRC reviews unless a new application and fee is submitted and it will then be reviewed as a new project.

These changes will become effective on October 1, 2014, and shall apply to new applications. Projects that have already had three (3) reviews will be entitled to one last TRC meeting to resolve any outstanding issues prior to a final recommendation by the TRC members.

 

The Comp Plan is going back to the Planning Board for review

On September 23, 2014, in a briefing with the Charles County Board of County Commissioners, the Department of Planning Growth and Management advised that it would be at least one year before the Comprehensive Plan is ready for adoption.   Planning staff previously presented a revised version of the comprehensive plan including the tier map, agricultural policy recommendations, a land use map adjusted to match the septic tiers and updated data for the plan's required water resources element.  The tier map is a requirement of state rules and divides the county into four areas - the tiers that demarcate areas based on sewer availability and preservation status.  Staff advised the Commissioners that they had four options:

  1. Send the plan back and direct the planning commission to make the recommended changes,
  2. Send the plan back without such instructions,
  3. Bypass the planning commission and approve the plan with the proposed changes
  4. Adopt the plan as it was passed by the planning board in November 2012.

PGM staff advised the Commissioners that both option 3 and 4 both failed to meet the law's mandate.  The Commissioners voted unanimously to send the draft comp plan update back to the Charles County Planning Commission.

 

Charles County seeks a qualified professional archeologist

The Commissioners of Charles County are soliciting proposals from qualified firms to provide a qualified professional archeologist to implement the review of proposed projects for impacts to archaeological resources during the land development process. Solicitation documents may be obtained on the County Bid Board located at  www.CharlesCountyMD.gov.

 

   HARFORD COUNTYHarfordCounty

Harford County Legislation

Councilmembers Lisanti and Guthrie have introduced legislation restricting the scheduling of Community Input Meetings within 5 calendar days of a federal holiday. This change would remove an additional 80 days from the calendar to hold these meetings.  The MBIA Harford Chapter Board is opposed to the legislation and have drafted a letter asking the legislation be withdrawn. 

   MONTGOMERY COUNTYmontg

DPS/MNCPPC Record Plat

Reminder that all record plat submission are to be electronic. If you need to submit by paper, you may need to make special arrangements with DPS or MNCPPC. 

 

MNCPPC Planning Board

The new Planning Board Chair, Casey Anderson, took office in September.  The County Council interviewed four candidates to replace Casey on the Board and is expected to make a selection the week of September 29th. 

 

County Council

The T&E Committee work session on October 27th includes Bill 26-13, Impact Tax Credits

 

Zoning Code Training

On October 7, Planning Department staff will host a training on the new zoning code. A presentation geared towards community members will be followed by a question and answer session.  Tuesday, Oct. 7 from 7-9 pm at the Planning Department Auditorium at 8787 Georgia Avenue in Silver Spring.

  PRINCE GEORGE'S COUNTYpg

Prince George's County Finance Department changes regulation that would place a "tax" on Front-foot benefits.

MBIA along with the Prince George's County Association of Realtors worked with county officials to have its recent decision to collect transfer and recordation tax on a deed transferring title to a lot or parcel of land reversed.  The Prince George's County Department of Finance has decided not to tax front foot benefit declarations or deeds referring to the original declaration.  MBIA staff was advised by the county that deeds including front foot fees, should not reference the front foot fees as a lien because they do not become liens unless there is a default.  This is what triggered the taxation issue.  MBIA will continue to follow this important issue.

 

County Council amends bill that would require the Planning Board to send DSP & SDP to the Prince George's Chamber of Commerce for review and comment

On September 23, 2014, the Planning, Zoning, and Economic Development Committee met to discuss CB-59-2014 (DR-2B), a bill concerning Detailed Site Plan, Specific Design Plan, and Special Exception Application Notice for the purpose of requiring informational notice to the Prince George's Chamber of Commerce and Greater Prince George's Business Roundtable.  The PZED staff presented a proposed draft-2B (DR-2B) prepared at the bill sponsor's request to address comments received during the legislative referral process.  Proposed DR-2B amends the informational mailing section of the Zoning Ordinance (Sec. 27-125.01(a)) to require the applicant for a Detailed Site Plan, Specific Design Plan, or Special Exception application to send an informational mailing by first class mail to the Prince George's Chamber of Commerce and the Greater Prince George's Business Roundtable. 

Council Chair Franklin, the bill's sponsor, informed the committee that he sponsored this legislation as a result of responses to a request he submitted to the business community seeking recommendations to improve the business climate in the County.  Chairman Franklin was advised by MBIA staff that this legislation would have a major impact on the building industry by adding an addition layer to the already cumbersome permitting process.  The original bill would require the Planning Board to send DSP & SDP to the Prince George's Chamber of Commerce for review and comment.

 

The Prince George County Council holds a resolution that would support the proposed definition of "Waters of the United States" Under the Clean Water Act

On September 23, 2014, the Prince George's County Council introduced CR-90-2014, a resolution that would support the EPA and Army Corps of Engineer's proposed definition of "Waters of the United States" Under the Clean Water Act.  On September 25, 2014, the Transportation, Housing and Environment Committee met discuss the merits of the resolution.  Sponsors of the resolution were Council Member's Mary Lehman and Eric Olsen, who both support EPA's proposed Definition of "Waters of the United States" under the Clean Water Act.  MBIA staff testified on behalf of the building industry and raised concerns, with respect to the expanded federal jurisdiction and the impact that it would have on development industry.  Based on those comments the Council decided not to take any action on resolution until the county's Department of Environment had opportunity to submit comments to the EPA and study fiscal and operational impacts that the definition change would have on the county.  The comment period will be open until October 20, 2014.

  ST MARY'S COUNTYstmary

Proposed Amount for the FY 2015 Fee-in-Lieu of the purchase of TDR's 

The St. Mary's County Department of Economic Development is recommending that the FY15 fee-in-lieu rate be $7,200 which is 120% of the average sale of TDRs in FY14. The Commissioners' determination of the amount of the fee is informed by the DED's Director's recommendation.  MBIA staff will continue to follow this proposal. 

  WICOMICO COUNTYwicomico

Waiver Program 

Wicomico County's Impact Fee waiver program has used approximately half of the allocated money set aside in the budget earlier this year to reimburse builders the cost of the county impact fee.  The county set aside money for 75 waivers when they passed the FY15 budget.  If all waivers are used, the county will consider extending the program to further incentivize growth and development. 

  REGIONAL & NATIONALregional

OSHA Announces New Reporting Requirements

The federal Occupational Safety and Health Administration recently announced a final rule that requires employers to notify the agency - within 24 hours - whenever an employee has an occupational-related in-patient hospital stay, amputation, or loss of an eye.

The rule goes into effect Jan. 1, 2015, and applies to all employers - even those with fewer than 10 employees.  OSHA Rule

Previously, OHSA's regulations required an employer to report only work-related fatalities and in-patient hospitalizations of three or more employees. Reporting single hospitalizations, amputations or loss of an eye was not required under the previous rule.

To make these requirements a little less burdensome, OSHA is developing a website for employers to report incidents electronically in addition to the phone reporting options.

You can also use NAHB's Recordkeping Toolkit to learn more about the revised regulation and what you need to do to stay in compliance.

OSHA online reporting

NAHB Toolkit

 

New MD Well Construction Regulations Proposed

MD Department of the Environment proposes to replace existing regulations (COMAR 26.04.04) with new Well Construction Regulations that would regulate the construction of geothermal wells and hydrofracturing of wells, eliminate telescoped casing in new wells where aquifer drawdown could render such wells unusable for domestic water supplies, and allow treatment for fecal coliform bacteria in carbonate rock areas.

 The proposed changes will require water wells to be constructed to allow for changes in the water levels in aquifers, modify the abandonment sealing requirements, and require buried well heads to be eliminated. The proposed changes allow for certain water treatment systems for constituents that exceed the allowable standards, where no alternative potable water supply is readily available. The proposal assumes that the public will ultimately bear the costs related to directly complying with the proposed regulatory changes.

 

Proposed new regulations also include provisions for notification prior to commencing well construction activities, establishment of a variance procedure, and language to clarify requirements, or to provide a more technically correct regulation. [Sept. 5, 2014 Maryland Register] http://www.dsd.state.md.us/MDRegister/mdregister.aspx

 

Comments may be sent to John Boris, LEHS, Geologist Program Consultant, MDE-Water Management Administration, Onsite Systems Division, 1800 Washington Boulevard, Baltimore, MD 21230, or call 410-537-3678, or email to [email protected], or fax to 410-537-3163. Comments will be accepted through October 6, 2014. A public hearing has not been scheduled.

OCTOBER 2014

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