AGENDA ITEM 6
October 14,2014
Public Hearing
MEMORANDUM
TO:
FROM:
County Council
j)ff
a.Michael Faden, Senior Legislative Attorney
Zyontz, Legislative Attorney
SUBJECT:
Public Hearing:
Bill 31-13, Transportation Review - Record Plats
Bill 31-13, Transportation - Review - Record Plats, sponsored by Councilmember
Riemer, Council Vice-President Leventhal and Councilmember Floreen, was introduced on
December
to,
2013. A Planning, Housing and Economic Development Committee work session
will be scheduled at a later date.
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 of County law
(including Code §2-55(b)), to review record plats and provide comments to the Planning Board
before it approves them. For background on why Councilmember Riemer introduced this Bill
and the related Subdivision Regulation Amendment 13-03, see the sponsor's memo and attached
Council staff memo, which are shown in the packet for Item 7.
This packet contains:
Bill 31-13
Legislative Request Report
Fiscal and Economic Impact statement
F:\LAw\BILLS\1331 DPS, DOT - Record Plats\PH Memo.Doc
Circle
#
1
3
4
 PDF to HTML - Convert PDF files to HTML files
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:
-,-,,-N=on:,-:e~---::--
_ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
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]
Double underlining
[[Double boldface bracketsD
* * *
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:
 PDF to HTML - Convert PDF files to HTML files
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 permits for any work in public space;
3
4
*
Approved:
*
*
5
Craig
L.
Rice. President. County Council
Date
6
Approved:
7
Isiah Leggett. County Executive
Date
8
This is a correct copy ofCouncil action.
9
Linda
M.
Lauer. Clerk ofthe Council
Date
o
f:\law\bills\1331 dPS. dot - record plats\bUl dot 1.doc
 PDF to HTML - Convert PDF files to HTML files
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:\law\bills\1331 dps, dot - record plats\legislative request report.doc
 PDF to HTML - Convert PDF files to HTML files
MEMORANDUM
January
22, 2014
TO:
FROM:
Craig
Rice, President,
Cou.nty Council
Jennifer
A. Hugh s,
1
Ice of Management nnd
Bud~ret
Joseph F. Beach,
Director.
Department ofF
Council Bill 31-13, Transportation-Review-
SUBJECT:
Please
fmd attached
the fiscal
and economic impact statements fur the
above­
referenced legislation.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative
Officer
Lisa
Austin, Oflices of the County Executive
Joy
Numli, 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 Hagedoorn. Department ofFinance
Arthur
Holmes, Director, Department of Transportation
Brady
Goldsmith,
Office ofMallagement and Budget
Alex
Espinosa,
Office
ofManagement
and Budget
Felicia
Zhang,
Office of
Management
and Budget
Naeem Mia, Office of Management and Budget
 PDF to HTML - Convert PDF files to HTML files
Fiscal Impact
Statement
Council
Bill 31·13
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 of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of infonnation, 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 ofany variablefuat could affect revenue and cost estimates.
NA
 PDF to HTML - Convert PDF files to HTML files
10. Ranges
of
revenue or expenditures
that are
I,l1lcertain or difficult to
project.
NA
11. If a bill is likely
to have no fiscal
impact, why that is the case.
DOT \\-;11
provide the same
level
of review on record
plats.
12. Other
fiscal
impacts
or
comments.
None
13. The
following contributed
to
and
concurred
with this analysis:
Tony Alexiou, Department of Transportation
 PDF to HTML - Convert PDF files to HTML files
Economic Impact Statement
Bill 31-13, Transportation -
Review -
Record Plats
Background:
Dus 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 approva1.
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
00
employment, spending, saving,
investment, incomes, and property values in the County.
The Bill
will
have no effect on the County's economy because it will not cause a
change in employment. spending, savings, investments, incomes, or property values.
4.
If
a BiU 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.
~j~
.
Beach, Director
Department of Finance
~~.1-~/~
l2-/f
l
Date
r
;,)
I
Page I ofl