Agenda Item 5C
July 29, 2014
Faden, Senior Legislative Attorney
Bill 30-14, Streets and Roads - Right-of-Way Permit Fee - Exemption
recommendation: enact with amendments.
Bill 30-14, Streets and Roads - Right-of-way Permit - Fee - Exemption, sponsored by
Councilmembers Berliner, Riemer, Eirich, Leventhal, Floreen, Andrews, and Navarro, was
introduced on May 6, 2014. A public hearing was held on June 10, at which the only speaker
was Reginald Jetter of the Department of Permitting Services (see testimony, ©1O). A
Transportation, Infrastructure, Energy and Environment Committee worksession was held on
July 21, at which the Committee recommended enactment of the Bill with minor amendments.
Bill 30-14 would require DPS to waive the filing fee for
geographic area signs by civic and homeowners' organizations.
is similar to a provision in the
current County sign law, §59-F-9.l, (converted to §7.4.3.B.2 in the new zoning code; see ©4-5),
which exempts these organizations from
all cases the sign must be smaller than
a maximum size set by regulation. The fiscal impact of waiving this fee would be negligible (see
fiscal impact statement on ©7-9).
In its testimony (see ©1O), the County Department ofPennitting Services supported this Bill
but raised several questions:
1) Who is eligible for a fee waiver or reduction?
DPS compared this Bill, which requires
DPS to totally waive the right-of-way pennit fee for an eligible organization, with the current
zoning code provision (see ©4-5) which requires DPS to waive the sign permit fee for organizations
on the Planning Board's civic and homeowners' association list but only allows a discretionary full
or partial waiver for other non-profit tax-exempt organizations with limited revenues.
drafted this Bill to require a complete non-discretionary fee waiver for each
eligible organization because we
the current zoning provision lacks enforceable standards for