Agenda Item 8H
March 3, 2015
Action
MEMORANDUM
TO:
FROM:
SUBJECT:
County Council
Jeff Zyontz, Legislative Attorney
1/
Action:
Bill 31-13, Transportation Review - Record Plats
Planning, Housing and Economic Development Committee recommendation (3-0): enact Bill
31-13 as introduced.
Bill 31-13, Transportation Review Record Plats, sponsored by Councilmember Riemer, then­
Council Vice President Leventhal and Councilmember Floreen, was introduced on December 10,
2013.
Bill 31-13 would repeal the County Department of Transportation's authority to approve record
plats. The Department would still be able, under more general provisions ofCounty law (including
Code §2-55(b», to review record plats and provide comments to the Planning Board before it
approves them. Bill 31-13 was introduced with SRA 13-03 as an effort by the sponsor to speed
and simplify the process for approving record plats.
Public Hearing Comments
The Council held a public hearing on October
14.
The Council heard from the Chair ofthe Planning
Board and the Department ofPennitting Services (DPS) Director representing the County Executive.
Neither spoke
in
opposition to Bill 31-13.
Issues
No issues have been raised. DPS acts on behalf of all County interests on record plats and will
continue to do so. If anything, Bill 31-13 eliminates the possibility of conflicting recommendations
by different Departments.
This packet contains:
Bill 31-13
Legislative Request Report
Fiscal and Economic Impact statement
Circle
#
1
3
4
F:\LAW\BILLS\1331 DPS, DOT - Record PJats\Action Memo.Docx
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Bill No.
31-13
Concerning: Transportation - Review ­
Record Plats
Revised: 11-4-13
Draft No. 1
Introduced:
December 10, 2013
Expires:
March 10, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -.:..:.No:::<.:n,:.::e::..-----,.,--_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Riemer, Council Vice-President Leventhal and Councilmember Floreen
AN
ACT to:
(1)
(2)
revise the Department of Transportation's authority with respect to approval of
record plats; and
generally amend the law governing the Department of Transportation's review of
development plans and related actions.
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-55
Boldface
Underlining
[Single boldface brackets]
Oouble underlining
[[Double boldface brackets]]
..
..
..
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
31-13
1
Sec.
1.
Section 2-55 is amended as follows:
2-55. Functions.
The Department of Transportation must:
2
*
(f)
*
*
review and approve transportation elements of development plans,
including storm drainage and paving plans; grade establishment plans;
[record plats;] utility plans; pre-preliminary, preliminary and site plans;
and construction pennits for any work in public space;
3
4
*
Approved:
*
*
5
George Leventhal, President, County Council
6
Date
Approved:
7
Isiah Leggett, County Executive
8
Date
This is a correct copy ofCouncil action.
9
Linda M. Lauer, Clerk of the Council
Date
(])
f:\law\bills\1331 dps, dot - record pla!s\bill dot 1.doc
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LEGISLATIVE REQUEST REPORT
Bill 31-13
Transportation
-
Review
-
Record Plats
DESCRIPTION:
Repeals the County Department of Transportation's authority to
approve record plats. The Department would still be able, under
more general provisions of County law (including Code §2-55(b», to
review record plats and provide comments to the Planning Board
before it approves them.
Duplicative approval processes by the Planning Board and
Department of Transportation results in delays of approved
developments.
To streamline the County development approval process and reduce
duplicative procedures.
Planning Board, Department of Permitting Services, Department of
Transportation
To be requested.
To be requested.
To be requested.
To
be
researched.
Michael Faden, Senior Legislative Attorney, 240-777-7905
Applies to all areas where County has subdivision approval authority.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable
f:\Iaw\bills\1331 dps, dot - record plats\legislative request report.doc
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ROCk,'VIllE. MA.RYl,A.l"lD
MEMORANDUM
January 22. 2014
TO:
FROM:
SUBJECT:
Craig Rice, President, County Council
Jennifer A.
Hugh~~"Di:et~fJJffice
of Management and Budget
Joseph
F. Beach,
Director, Department of .
Council Bill 31-13, Transportation-Review-R ord Plats
"JU~1f-
Please tind attached the fiscal and economic impact statements for the above­
referenced legislation.
JAH:fz
cc: Bonnie Kirkland,
Assi~1ant
Chief Administrative Officer
Usa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant
to
the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
Michael Coveyou, Department ofFinance
Kevin Myers, Department of Finance
Robert Hagedoom, Department of Finance
Arthur .Holmes, Director, Department of Transportation
Brady Goldsmith. Office of Management and Budget
Alex Espinosa, Office of Management and Budget
Felicia Zhang, Office of Management and Budget
Naeem Mia, Office of Management and Budget
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Fiscal Impact Statement
Counell
Bill3l-l3
Transportation - Review - Record Plats
1. Legislative
Summary.
Bill 31
~
13 would repeal the County department of Transportation's authority
to
approve
record plats. The Department would still be able to review plats and provide comments to
the Planning Board before it approves them.
2. An estimate ofchanges in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of infomlation, assumptions, and methodologies used.
There are no known fiscal impacts. DOT will provide the same level of review.
3. Revenue and expenditure estimates
covering
at least the next 6 fiscal
yeats.
There are no known fiscal impacts
4. An actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
NA
5. Later actions that may affect future revenue and expenditures
if
the bill authorizes future
spending.
NA
6. An estimate of the staff time needed to implement the bilL
NA
7.
An
explanation of how the addition of new staff responsibilities would affect other duties.
NA
8.
An
estimate of costs when
an
additional appropriation is needed.
NA
9. A description of any variable that could affect revenue and cost estimates.
NA
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10. Ranges of revenue or expenditures that are W1certain or difficult to project
NA
11. If
a
bill
is likely
to
have no fiscal impact,
why
that is the
casco
DOT \\-;11 provide the saine level of review on record plats.
12. Other fiscal impacts or comments.
None
13. The following contributed to and concurred with this analysis:
Tony Alexiotl., Department ofTransportation
ldt3
- ­
~
Lff
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Economic Impact Statement
Bm 31-13,
Transportation - Review - Record Plats
Background:
This legislation would repeal the County Department of Transportation's (DOT)
authority to approve record plats. The removal does not affect more general provisions
of County
law
enabling DOT to review record plats and provide comments to the
Planning Board before approval.
1.
The sources of information, assumptions, and methodologies
used.
Not applicable
2. A description of
any
variable that could affect the economic impact estimates.
Not applicable
3. The Bill's positive or negative effect, if any on employment, spending, saving,
investment, incomes, and property values in the County.
The Bill will have no effect on the County's economy because it
vvill
not cause a
change in employment. spending, savings, investments, incomes, or property values.
4.
If
a Bill is likely to have no economic impact, why is that the case?
See paragraph 3.
5.
The following contributed to and concurred with this analysis:
David Platt and
Rob Hagedoom, Finance.
Date
I
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