PHED Committee #1 & 2
October 26, 2017
MEMOR ANDUM
October 24, 2017
TO:
FROM:
SUBJECT:
Planning, Housing, and Economic Development Committee
Jeff ZyonlL.io r Legislative Analyst
W
orksession 2 - Bill 24-17, Land Use Information - Burial Sites; and
SRA 17-01, Approval Procedures - Burial Sites
Summary of Outstanding Issues from the October 16 Committee Worksession
Archaeological best practices
As introduced, under Subdivision Regulation Amendment (SRA) 17-01, the subdivision applicant with
land that includes a burial site on the burial site inventory "must use historical and archeological best
practices" to establish the location of the burial site. The Committee requested a more precise requirement
for the work an applicant must do other than "best practices". Planning staff recommends allowing the
Department to produce guidelines that detail the requirement. Staff recommends using State guidelines
(see page 3).
Planning Board discretion for allowing relocation
The Committee requested Planning staffs recommendation to allow the Planning Board more discretion
to allow the relocation of graves. Planning staff provided text that would grant the Planning Board a great
deal of discretion. The Committee may or may not wish to grant the Board as much discretion as Planning
staff recommende d (see page 4).
Effective Date
The Committee did not come to any conclusion on the effective date of the Bill or SRA. There is work to
do before the Bill and SRA go into effect. The inventory currently available on the Planning Board's
website needs to be updated. There are sites found after 2009 that should be included
in
the inventory.
1
The base map needs work to allow it to be used as a regulatory tool. Some Planning Board guidelines
Staff does not wish to intentionally break anyone's heart in making this comment, but the existing on-line maps lack the
precision to be a regulatory tool.
1
1
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need to be developed, at least for site maintenance and preservation. (See page 5.) Staff recommends an
April 2 effective date for the Bill and SRA.
Detailed Changes and Comments
Bill 24-17
Resolved issues from October 16
Bill 24-17 was also introduced on June 27. It would require the Planning Board to establish and maintain
an inventory of burial sites. Under Bill 24-17, the Planning Board would be required to revise that
inventory annually as research reveals additional sites or errors in prior research. The inventory excluded
municipalities that have their own planning and zoning authority.
On October 16, the Committee (3-0) tentatively recommended approval of Bill 24-17 with the following
amendments to Section 33A-17(d)2 and 3 that: 1) expand the scope of the inventory to the entire county2;
2) allow updates as information becomes available; and 3) specifically allow inclusions and exclusions in
the updating process.
These recommendations would revise Section 33A-17(d)2, at line 36, to read as follows:
(2)
The Planning Board must maintain, and revise as appropriate, an inventory of burial sites
located in the County. The inventory must:
(A)
include a map and a description of each burial site, including ownership information
when available;
(B)
be made available to the public electronically; and
(C)
be updated at least annually or as information becomes available.
The Planning Board must establish a procedure for additions or exclusions to the burial site
inventory. The procedures must include an outreach program.
(3)
Subdivision Regulation Amendment 17-01
SRA 17-01 would require burial sites identified in the inventory to be respected in the subdivision approval
process. Although there are State requirements for the removal of human remains and for registered
cemeteries, currently there are no specific references in County code dealing with cemeteries or burial
sites. There are no obligations for developers to do archaeological research on their sites based on County
law.
Resolved issues from October 16
The Committee (3-0) tentatively recommended approval of SRA 17-01 with amendments. The
Committee recommended requiring protection of any burial sites known to the applicant without regard
to the burial site inventory. To that end, the Committee tentatively endorsed the following revisions:
2
The Planning Board has no authority in municipalities that have their own zone but, under this direction, the burial site
inventory may include sites in municipalities.
2
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Line 37
-
location of any burial sites of which the applicant has actual notice or constructive notice
or that is included in the Montgomery County Cemetery Inventory.
Line 54
-
any burial site of which the applicant has actual notice or constructive notice or that is
included in the Montgomery County Cemetery Inventory and located within the subdivision
boundary is approved under Subsection 50-4.3.M; and
Line 66
-
When a proposed preliminary plan includes a burial site of which the applicant has actual
notice or constructive notice or that is identified on the Montgomery County Cemetery Inventory
within the site, the applicant must satisfy the following requirements:
The Committee agreed that there may be some circumstances where staking a burial site is unwise:
Line 73
-
[[The]] Unless Planning Department Staff believes that vandalism concerns dictate
otherwise, the corners of the burial site must be staked in the field before preliminary plan
submittal. [[The]]
If
required, the stakes must be maintained by the applicant until preliminary
plan approval.
The Committee agreed to greater specificity for the developer-produced on-site inventory. To that end,
the following revision was recommended:
Line 79
-
An inventory, that may include photographs, of existing burial site elements (such as
walls, fences, gates, landscape features, fieldstones, grave locations, and tombstones) and their
condition must be submitted as part of the preliminary plan application.
The Committee wanted to allow the Planning Board more discretion on how to maintain and preserve
burial sites during and after development.
Line 85
-
Delete subsection d:
[An appropriate fence or wall must be maintained or provided to delineate the burial site. The
design of the proposed enclosure and a construction schedule must be approved by the Planning
Board, before the approval of a record plat.]
(The issue is addressed in the following provisions.)
Unresolved issues from October 16
Archeological best practices
The Committee wanted greater specificity on "historical and archeological best practices. To that end,
Staff recommends the following revision:
Line 70
-
[[Ifthere is no surface evidence of the burial site, the]] The applicant must use historical
and archeological best practices as established by Maryland Historical Trust's guidelines to
establish the location of the burial site.
Planning staff recommends that archeological best practice be defined in a new guideline to be called the
"Montgomer y County Planning Board Guidelines for Burial Sites". To Staff, this looks like reinventing
the wheel.
3
It is odd for the County to have a different "best practice" than other Counties. The Maryland
3
"The guy who invented the first wheel was an idiot. The guy who invented the other three, he was a genius." Sid Caesar.
3
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Historic Trust establishes a benchmark for archaeological reviews. Planning staff should explain why a
State benchmark is insufficient.
4
If
the Council agrees that it should have its own guidelines, Staff
recommends deleting the phrase "historic and archeological best practices".
5
Planning Board discretion for grave relocation
There is a provision in SRA 17-01, as introduced, for very limited Planning Board discretion, to allow
State law to regulate the removal of human remains:
Without regard to Subsection 2, if the Planning Board determines that an accommodation of the
burial site with the development cannot be accomplished without denying the property owner
reasonable use of their entire property, then the Planning Board may approve a plan for
developm ent with the appropriate treatment of the burial site under State law.
6
This provision mirrors a similar provision in the Howard County Code.
It
allows a burial site relocation
only when to do otherwise would result in the public "taking" of the property from the owner.
The Committee wanted to allow additional Planning Board discretion to allow the relocation of a burial
site. Planning staff recommended the following provision to replace Section 4.3.M.3, starting at line 100:
3.
4.
Except under circumstances identified in Subsection 4, a burial site and graves must remain
where they are found.
The Planning Board may determine that it is necessary to allow the relocation of a burial
site if:
a.
the retention of the burial site would result in denying the property owner
reasonable use of their property;
b.
the location of necessary infrastructure cannot be achieved; or
c.
a change in the character of the area makes the relocation appropriate.
Any Planning Board approval to allow the relocation of remains is conditioned on the State
Attorney' s approval to allow the relocation under State law.
5.
This proposed amendment would maximize the Planning Board's discretion.
It
would be rare to find that
the "character of the area" around a burial site has
not
changed. Some burial sites were established in the
1700's.
If the Council wants less Planning Board discretion than proposed by Planning staff, it may limit relocation
to "extraordinary" circumstances and replace Subsection 4.c with "the possible improvements to the
visibility and accessibility of the site by the relocation of graves make the relocation appropriate."
Effective Date
There is work to do before the Bill and SRA go into effect. The existing inventory needs to be updated.
There are burial sites found in the historic record after 2009 that should be included in the inventory. The
Full disclosure is in order. The author is a Park and Planning retiree. To the extent that Planning staff is gainfully employed,
the author's pension is more secure. In this instance, the author is suggesting less work for Planning staff.
5
Staff would want to avoid an argument that the archaeological best practice is something different from the Planning Board's
guidelines.
6
Lines 95-100.
4
4
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base map needs work to allow it to be used as a regulatory tool.
7
Some Planning Board guidelines need
to be developed.
The Committee asked for a Staff recommendation on an effective date. The Planning Director is
concerned about the Council funding the additional workload and the timing of an appropriation request.
Staff recommends an April 2, 2017 effective date. In the absence of a specific effective date, the effective
date of a Bill is 90 days after the Bill becomes law. Assuming an Executive signature 10 days after an
October 31 approval, the Bill's effective date would be about February 10 in the absence of a specific
effective date provision. Because SRA 17-01 requires the use of a Planning Board approved inventory,
the effective date ofBill 24-17 must be before or on the same date that SRA 17-01 becomes effective.
This packet contains:
Bill 24-17
Legislative Request Report
Fiscal and Economic Impact Statement
SRA 17-01
Circle#
1- 4
5
6- 9
10-17
F:\Land Use\SRAs\2017 SRAs\SRA 17-01 Burial Sites\PHED Memo 10-26-17.docx
7
Staff does not wish to intentionally break anyone's heart by making this comment. The existing map is not sufficient to
identify specific parcels or lots.
It
is presented in a .pdfformat, not a GIS layer.
5
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Bill No. _ _ _
_,2::..c4:.. .-1.,_,7 _ _ _ __
_
Concerning: Land Use Information -
Burial sites
Revised:
10-17-17
Draft No: 6
Introduced:
June
27 2017
Expires:
December
27, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -'-'-No =n=e'- -------
Ch. _ _ , Laws of Mont. Co. _ _ __
COUN TY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmember Rice, Council President Berliner and Councilmember Leventhal
Co-Sponsors: Councilmembers Katz, Navarro, Council Vice-President Riemer and Councilmember
Elrich
AN ACT
to:
(1)
(2)
require the Planning Board to establish and maintain an inventory of burial sites in the
County; and
generally amend the law relating to land use information function of the Planning
Department.
By amending
Montgo mery County Code
Chapter 33A, Planning Procedures
Sections 33A-17
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
*
* *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Existing law unaffecte d by bill.
The County Counci l for Montgomery County, Maryla nd approves the followi ng Act:
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BILL NO. 24-17
Sec.1. Section 33A-17 is amended as follows:
2
Article 4. Land Use information functions
33A-17.
[Land use information functions]
Information and referral services.
(a)
The Planning Board must provide [[informational]] information and
referral services on County land use and related regulatory functions to
interested members of the public. The services to be provided include
technical assistance and information on:
(1)
(2)
(3)
master plans, including pending amendments;
zoning, including pending cases and pending text amendments;
subdivision
control,
including
pending
applications
and
3
4
5
6
7
8
9
10
11
amendments to Chapter 50;
(4)
( 5)
(6)
growth policy and related regulatory requirements;
federal, state, and local environmental regulations; and
related administrative, regulatory, or legislative procedures
applicable to the Planning Board, Office of Zoning and
Administrative Hearings, Historic Preservation Commission,
Board of Appeals, other County regulatory agencies, Washington
Suburban Sanitary Commission, and County Council.
(b)
A resource library must be maintained that contains:
( 1)
(2)
(3)
(4)
(5)
relevant laws, regulations, and administrative procedures;
appropriate zoning_and other maps;
administrative and legislative hearing schedules;
significant administrative and judicial land use decision; and
master plans, policy documents, planning studies, and other
appropriate reference materials.
(
c)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
21
All County departments, offices, and agencies must provide the planning
department with:
~]-
F:\LAW\BILLS\1724 Land Use
Information - Burial Sites\Bill 7.Docx
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BILL No. 24-17
28
29
30
31
32
33
34
35
36
( 1)
requested materials (other than confidential documents) to ensure
the availability to the public of current information[,]; and
the location and telephone number of the person or persons to
whom inquiries may be referred.
In this subsection,
~
(2)
@
ill
burial site
means
fl
physical location where
~
human remains were buried in the earth, or entombed in
does not include the sprinkling of ashes from cremated remains.
mausoleum or columbarium. A burial site includes a cemetery, but
ill
The Planning Board must maintain, and revise as appropriate, an
inventory of burial sites located in the County. The inventory
must:
(A)
[[include each burial site located in an area of the County
where the Planning Board is authorized to approve
subdivision;]]
~
37
38
39
40
41
42
43
44
45
[[_(fil]]
include
~
map and
~
description of each burial site,
including ownership information when available;
[[(g]]( ID
be made available to the public electronically; and
be updated at least annually or as information
becomes available.
[[ill}]] (Q
46
47
ill
The Planning Board must establish
~
procedure for [[~ person to
request the addition of~]] additions or exclusions to the burial site
[[to the]] inventory. The procedures must include [[~]]an outreach
program.
48
49
50
51
52
53
54
Sec. 2. Effective Date
This Bill becomes effective on April 2, 2018.
Approved:
F:\LAW\BILLS\1724 Land Use Information - Burial Sites\Bill 7.Docx
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BILL
No. 24-17
55
56
57
58
59
60
61
62
63
64
65
Roger Berliner, President, County Council
Approved:
Date
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Linda M. Lauer, Clerk of the Council
Date
_\J)_
F:\LAW\BILLS\1724 Land Use Information - Burial Sites\Bill 7.Docx
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LEGISLATIVE REQUEST REPO RT
Bill 24-17
Land Use Information
-
Burial Sites
DESCRIPTION:
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITID N
MUNICIPALITIES:
PENALTIES:
The Bill would require the Planning Board to establish and
periodically update an inventory of burial sites.
In the absence of an inventory land disturbances may unknowingly
violate burial sites.
Provide an inventory of burial sites with an opportunity to update
information. The Bill is a companion to Subdivision Regulation 17-
01 which accommodates burial sites in the subdivision process.
Planning Department
To be requested.
To be requested.
To be requested.
To be researched.
Jeff Zyontz, Senior Legislative Analyst, 240-777-7896
To be researched.
Not applicable
0
(2,.
f:\law\bills\1724 land use information - burial sites\frr.docx
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ROCKVILLE. MARYLAND
ME MO RA ND UM
July 17, 2017
TO:
FROM:
Roger Berliner, President, County Council
Jennifer A. Hughes, Director, Office of Management and Bud,
ge.
t.
Alex andr e A. Espinosa, Director, Department of Finance , ,
I$-~
,
)
·i
1:J?J,
' , :
jJV
'v. ,..,
FEIS for Bill 24-17, Land Use Information - Burial Sites
""i,
;_:;-:;1~~:)·-~;,j.>i
ti
SUBJECT:
Please find attached the fiscal and economic impact statement
s for the above-
referenced legislations.
JAH :fz
cc: Bonme Kirkland, Assistant Chie f Administrative Offic er
Lisa Austin, Offices of the Coun ty Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
David Platt, Depa rtme nt of Finance
Dennis Hetman, Department of Finance
Jennifer Nordin, Office of Man agem ent and Budget
Felicia Zhang, Offic e of Management and Budget
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Fiscal Impact Statement
BILL 24-17, Land Use Information
-
Burial Sites
1. Bill Summary
Bill 24-17 requires the Maryland National Capital Park ahd Planning Commission (M-
NCPPC) Planning Board to create and maintain
an
inventory of burial sites in
Montgomery County. This Bill is a companion to Subdivision Regulation 17-01 which
includes burial sites in the subdivision approval process.
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 information, assumptions, and methodologies used.
No impact to revenues.
M-NCPPC estimates ongoing expenditures for one new Planner Coordinator position
($118,300)
and first year expenditures for supplies
($36,000);
however, the Office of
Management and Budget (0MB) believes the upfront workload to create
an
inventory
can be completed by a contractor and the ongoing workload is manageable through
existing staffing levels.
)
3.
Revenue and expenditure estimates covering at least the next
6
fiscal years.
No impact to revenues.
M-NCPPC estimates ongoing expenditures for one full-time staff position and first year
expenditures for supplies (vehicle, computer, furniture).
Personnel
Costs
Operating
Expenses
Year I
$118,300
$36,000
Year2
$118,300
$0
Year 3
$118,300
$0
Year4
$118,300
$0
Year
5
$118,300
$0
Year6
$118,300
$0
Alternatively, 0MB estimates the upfront workload can be completed in the first year by
a
contractor
($156,000- $260,000
based
on
an hourly rate of
$75-$125)
and
the
ongoing
workload can be absorbed by existing staff.
Personnel
Costs
Operating
Expenses
-··
Year l
$0
$156,000-
260,000
Year2
$0
$0
Year 3
$0
$0
Year4
$0
$0
Year
5
$0
$0
Year6
$0
$0
4.
An actuarial analysis through the entire amortization period for each bill/regulation that
would affect retiree pension or group insurance costs.
Not applicable.
5.
Later actions that may affect future revenue and expenditures if the bill/regulation
authorizes future spending.
Not applicable.
(j)
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6. An estimate
of
the staff time needed
to
implement the bill/regulation.
M-NCPPC estimates one new position is needed to complete infom1ation assessments,
fieldwork, mapping; and evaluations of development applications.
Alternatively, 0MB estimates the upfront workload can be completed by a contractor and
the ongoing workl.oad can be absorbed by existing staff.
7. An explanation of how the addition of new staff responsibilities would affect other duties.
M-NCPPC estimates one new position
will
complete the workload and existing staff
duties will not be affected.
Alternatively, 0MB estimates the upfront workload can be completed by a contractor and
the ongoing workload can be absorbed by existing staff.
8.
An
estimate of costs when an additional appropriation is needed.
Not applicable.
9.
A description of any variable that could affect revenue and cost estimates.
Not applicable.
10.
Ranges
of
revenue or expenditures that are uncertain or difficult to project
Not applicable.
11.
If a
Bill
is likely
to
have no fiscal impact, why that is the case.
Not applicable.
12. Other fiscal impacts or comments.
Not applicable.
13.
The following contributed to and concurred with this analysis,
Karen Warnick, MNCPPC
Diane Jones, DPS
Greg Ossont, DOS
Emil Wolanin, DOT
Timothy Goetzinger, DHCA
Jem1ifer Nordin, 0MB
Date
M)
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Econom ic Impact Stateme nt
Bill 24-l. 7, Land Use Informa tion -
Burial
Sites
Bnckground:
This legislatio n \'\'Ould require the Montgomer) Counly
Planning
Board of the
\faryland -
National Capital Park
and
Plaiming
Commission to
establish
and maintain an i1wcntory
of
burial
sites in the
County.
Subdivision
Regulati on
17-01
would
require that such
burial
sites identified in the inventory be respected in the subdivis ion approval process.
1.
The
sources
of information,
assumptions,
and methodologies used.
There are no sources of
information. assumptions.
or methodo logies used in the
preparati011 of the
economi c
impact statement.
2. A descript ion of any variable that could affect the economi c
impact
estimates.
Not
applicable.
3.
The
Bill's
positive or negative effect,
if
any on emplo)
1
ment,
spending, savings,
investm ent, incomes , and property values in the County.
Bill 24-17
vvould
have
no economic impact on employment- spending. savings.
investme nt. incomes. and property values in the County.
4.
If
a Bill is
likely
to
have no economic impact,
why
is
that
the case?
Bill 24-17 \vould have no economi c impact because
it
establish es
and
maintain s
an
inventor y of burial sites which do~s not have an impact on employm ent. spending ,
savings. investme nt, incomes property values.
5. The followin g contribu ted to or concurre d with this analysis : David Platt and
Robert Hagedoorn, Finance.
f
.'
//:
Alexand re A. Espmosa . Director
Departm ent of Finance
;
I
')o(1
Date
Page 1 of 1
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Subdivision Regulation Amendment No.: 17-01
Concerning: Approval Procedures - Burial sites
Draft No. & Date: 5 - 10/20/17
Introduced: June 27, 2017
Public Hearing: September 12, 2017
Adopted:
Effective:
Ordinance No:
COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND
SITTING AS THE DISTRICT COUNCIL FOR THAT PORTION OF
THE MARYLAND-WASHINGTON REGIONAL DISTRICT WITHIN
MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmember Rice, Council President Berliner, and
Councilmember Leventhal
Co-sponsors: Councilmembers Navarro, Rucker, and Elrich
AN AMENDM ENT
to:
1) define burial sites;
2) require the identification of burial sites on preliminary plan applications;
3) require approved preliminary plans to appropriately preserve burial sites; and
4) generally add provisions to protect and preserve burial sites in the subdivision
approval process.
By amending
Montgomery County Code
Chapter 50
"Subdivision of Land"
Section 50.2 "Interpretations and Defined Terms"
Section 50.4 "Preliminary Plan"
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* *
*
Heading or defined term.
Added to existing law by introduced Subdivision Regulation
Amendment.
Deleted from existing law by introduced Subdivision
Regulation Amendment.
Added to the Subdivision Regulation Amendment by
amendment.
Deleted from existing law or the Subdivision Regulation
Amendme nt by amendment.
Existing law unaffected by Subdivision Regulation Amendment.
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ORDINANCE
The County Council for Montgomery County, Maryland, sitting as the District Council
for that portio n ofthe Maryland-Washington Regional District in Montgomery County,
Maryland, approves the following Ordinance:
@
2
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Subdivision Regulation Amendment No.: 17-01
1
2
Sec.
1.
Chapter 50 is amended as follows.
*
*
*
3
4
Divi sion 50.2. Interpretation and Defined Term s
*
Sect ion 2.2. Defi nitio ns
*
*
5
6
7
8
9
All term s used in this Chapter that are defined in Chapter 59 or Chap ter 49 have
the
same mea ning s as the definitions in those Chapters, unless otherwise defined
here.
In this Chapter, the following words and phra ses have the meanings indicated.
*
B.
*
*
10
11
*
*
*
· 12
13
14
15
16
17
18
19
Block:
Land area bounded by roads, other rights-of-way, unsubdivided acrea
ge,
natural barriers, and any other barrier to the continuity of development.
Burial site: A physical location where hum an remains were buried in the earth
, or
ento mbe d in
£!
mausoleum or columbarium. A burial site includes
£!
cemetery,
but
does not include the sprinkling of ashes from crem ated remains.
*
Arti cle II. Subdivision Plan s
Divi sion 50.4. Preliminary Plan
*
*
20
21
Exce pt for an administrative or mino r subdivision submitted under Division
s 50.6
and 50.7 , the subdivider mus t submit a prop osed subdivision to the Boar
d for
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Subdivision Regulation Amendment No.: 17-01
22
23
24
25
appro val in the form of a preliminary plan before the submi ssion of a plat. The plan
must show graphically, and supporting docum ents must demon strate, the data
neede d for the Board to make the findings requir ed by this Article.
Section 4.1. Filing and Specifications
26
27
28
29
30
31
32
33
34
* * *
B.
The drawing.
The subdivider must submit a prelim inary plan drawing in a
form requir ed by regulations of the Board. Details and information must
include:
* * *
7.
graphic representation of the propo sed subdivision, including:
* * *
J.
lines showi ng the limits of each zone, if the prope rty is located
in more than one zone; [and]
35
36
37
38
39
40
41
42
k.
all existin g topography, structures, and pavm g on adjoining
prope rties within 100 feet[.]; and
1.
locati on of any burial sites of which the applic ant has actual
notice or constructive notice or that is included in the
Montg omery Count y Ceme tery Inventory.
* * *
Section 4.2. Approval Procedure
* * *
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Subdivision Regulation Amendment No.: 17-01
43
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48
49
50
51
52
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54
55
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57
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59
60
61
62
63
64
D.
Requir ed Findings.
To approve a preliminary plan, the Board must find that:
1.
the layout of the subdivision, including size, width, shape, orientation
and density of lots, and location and design of roads is appropriate for
the subdivision given its location and the type of development or use
contemplated and the applicable requirements of Chapter 59;
2.
3.
the preliminary plan substantially conforms to the master plan;
public facilities will be adequate to support and service the area of the
subdivision;
4.
5.
all Forest Conservation Law, Chapter 22A requirements are satisfied;
all stormwater management, water quality plan, and floodplain
requirements of Chapter 19 are satisfied; [and]
6.
any burial site of which the applicant has actual notice or constructive
notice or that is included in the Montgomery County Cemetery
Inventory and located within the subdivision boundary is approved
under Subsection 50-4.3 .M; and
[6]1.
any other applicable provision specific to the property and necessary
for approval of the subdivision is satisfied.
*
Section 4.3. Technical Review
* *
In making the findings under Section 4.2.D, the Board must consider the following
aspects of the application.
* * *
@
5
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Subdivision Regulation Amendment No.: 17-01
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
M.
Burial sites
1.
Wh en
~
prop osed preliminary plan includes
~
burial site of which the
on
appl ican t has actual notice or constructive noti ce or that is identified
the Mon tgom ery Cou nty Cemetery Inve ntor y with in the site,
the
appl ican t mus t satisfy the following requirements:
a.
[[If there is no surface evidence of the burial site, the]] The
appl ican t mus t use historical and arch eolo gica l best prac tice s~
established by Mar ylan d Historical Tru st's guidelines to
establish the location of the burial site. [[The]] Unless Planning
Dep artm ent Staf f believes that vand alism concerns dictate
otherwise, the com ers of the burial site mus t be staked in the field
befo re preliminary plan submittal. [[The]] If required, the stakes
mus t be mai ntai ned by the appl ican t until preliminary plan
approval.
b.
An inventory, that may include pho togr aphs , of existing burial
site elements (suc h as walls, fences, gates, landscape features,
fieldstones, grave locations, and tom bsto nes) and their condition
mus t be submitted as part of the prel imin ary plan application.
c.
The plac eme nt of lot lines mus t prom ote long-term maintenance
of the burial site and protection of exis ting elements.
d.
[[An appropriate fence or wall mus t be mai ntai ned or provided
to delineate the buri al site. The desi gn of the prop osed enclosure
and
~
82
83
84
85
86
87
88
construction schedule mus t be appr oved
by
the Planning
Boa rd, before the approval of~ reco rd plat.]]
(,[,)
~6
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Subdivision Regulation Amendment No.: 17-01
89
[[e.]] The burial site must be protected
h1:
arrangements
sufficient to
90
91
92
93
94
2.
assure the Planning Boar d of its future maintenance and
preservation, as specified in the Montgomery Coun ty Plann ing
Boar d's guidelines for burial sites.
The Planning Board must requi re appropriate measures to prote ct the
burial site during the development process.
[[Without regard to Subsection
2.,.
if the Planning Board determines that
an accommodation of the burial site with the development cann ot be
accomplished without denying the property owner reasonable use of
their entire property, then the Planning Boar d may approve
~
plan for
development with the appropriate treatment of the burial site unde r
State law.]] Except under circumstances identified in Subsection 4. a
burial site and graves must rema in where they are found.
The Planning Board may determine that it is necessary to allow the
relocation of a burial site if:
the retention of the burial site would result in deny ing the
property owner reasonable use of their property;
the location of necessary infrastructure cannot be achieved; or
a change in the character of the area makes the relocation
appropriate.
Any Planning Board approval to allow the relocation of remains is
conditioned on the State Attor ney's approval to allow the relocation
unde r State law.
95
96
3.
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
@
7
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Subdivision Regulation Amendment No.: 17-01
112
113
114
115
116
117
118
119
Isiah Leggett, County Executive
Approved:
* * *
Sec. 3. Effective Date.
This amendment takes effect on April 2, 2018.
Date
This is a corre ct copy of Council action.
120
Linda M. Lauer, Clerk of the Council
Date
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PHED Committee #1 & 2
October 26, 2017
MEMOR ANDUM
October 24, 2017
TO:
FROM:
SUBJECT:
Planning, Housing, and Economic Development Committee
Jeff ZyonlL.io r Legislative Analyst
W
orksession 2 - Bill 24-17, Land Use Information - Burial Sites; and
SRA 17-01, Approval Procedures - Burial Sites
Summary of Outstanding Issues from the October 16 Committee Worksession
Archaeological best practices
As introduced, under Subdivision Regulation Amendment (SRA) 17-01, the subdivision applicant with
land that includes a burial site on the burial site inventory "must use historical and archeological best
practices" to establish the location of the burial site. The Committee requested a more precise requirement
for the work an applicant must do other than "best practices". Planning staff recommends allowing the
Department to produce guidelines that detail the requirement. Staff recommends using State guidelines
(see page 3).
Planning Board discretion for allowing relocation
The Committee requested Planning staffs recommendation to allow the Planning Board more discretion
to allow the relocation of graves. Planning staff provided text that would grant the Planning Board a great
deal of discretion. The Committee may or may not wish to grant the Board as much discretion as Planning
staff recommende d (see page 4).
Effective Date
The Committee did not come to any conclusion on the effective date of the Bill or SRA. There is work to
do before the Bill and SRA go into effect. The inventory currently available on the Planning Board's
website needs to be updated. There are sites found after 2009 that should be included
in
the inventory.
1
The base map needs work to allow it to be used as a regulatory tool. Some Planning Board guidelines
Staff does not wish to intentionally break anyone's heart in making this comment, but the existing on-line maps lack the
precision to be a regulatory tool.
1
1
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need to be developed, at least for site maintenance and preservation. (See page 5.) Staff recommends an
April 2 effective date for the Bill and SRA.
Detailed Changes and Comments
Bill 24-17
Resolved issues from October 16
Bill 24-17 was also introduced on June 27. It would require the Planning Board to establish and maintain
an inventory of burial sites. Under Bill 24-17, the Planning Board would be required to revise that
inventory annually as research reveals additional sites or errors in prior research. The inventory excluded
municipalities that have their own planning and zoning authority.
On October 16, the Committee (3-0) tentatively recommended approval of Bill 24-17 with the following
amendments to Section 33A-17(d)2 and 3 that: 1) expand the scope of the inventory to the entire county2;
2) allow updates as information becomes available; and 3) specifically allow inclusions and exclusions in
the updating process.
These recommendations would revise Section 33A-17(d)2, at line 36, to read as follows:
(2)
The Planning Board must maintain, and revise as appropriate, an inventory of burial sites
located in the County. The inventory must:
(A)
include a map and a description of each burial site, including ownership information
when available;
(B)
be made available to the public electronically; and
(C)
be updated at least annually or as information becomes available.
The Planning Board must establish a procedure for additions or exclusions to the burial site
inventory. The procedures must include an outreach program.
(3)
Subdivision Regulation Amendment 17-01
SRA 17-01 would require burial sites identified in the inventory to be respected in the subdivision approval
process. Although there are State requirements for the removal of human remains and for registered
cemeteries, currently there are no specific references in County code dealing with cemeteries or burial
sites. There are no obligations for developers to do archaeological research on their sites based on County
law.
Resolved issues from October 16
The Committee (3-0) tentatively recommended approval of SRA 17-01 with amendments. The
Committee recommended requiring protection of any burial sites known to the applicant without regard
to the burial site inventory. To that end, the Committee tentatively endorsed the following revisions:
2
The Planning Board has no authority in municipalities that have their own zone but, under this direction, the burial site
inventory may include sites in municipalities.
2
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Line 37
-
location of any burial sites of which the applicant has actual notice or constructive notice
or that is included in the Montgomery County Cemetery Inventory.
Line 54
-
any burial site of which the applicant has actual notice or constructive notice or that is
included in the Montgomery County Cemetery Inventory and located within the subdivision
boundary is approved under Subsection 50-4.3.M; and
Line 66
-
When a proposed preliminary plan includes a burial site of which the applicant has actual
notice or constructive notice or that is identified on the Montgomery County Cemetery Inventory
within the site, the applicant must satisfy the following requirements:
The Committee agreed that there may be some circumstances where staking a burial site is unwise:
Line 73
-
[[The]] Unless Planning Department Staff believes that vandalism concerns dictate
otherwise, the corners of the burial site must be staked in the field before preliminary plan
submittal. [[The]]
If
required, the stakes must be maintained by the applicant until preliminary
plan approval.
The Committee agreed to greater specificity for the developer-produced on-site inventory. To that end,
the following revision was recommended:
Line 79
-
An inventory, that may include photographs, of existing burial site elements (such as
walls, fences, gates, landscape features, fieldstones, grave locations, and tombstones) and their
condition must be submitted as part of the preliminary plan application.
The Committee wanted to allow the Planning Board more discretion on how to maintain and preserve
burial sites during and after development.
Line 85
-
Delete subsection d:
[An appropriate fence or wall must be maintained or provided to delineate the burial site. The
design of the proposed enclosure and a construction schedule must be approved by the Planning
Board, before the approval of a record plat.]
(The issue is addressed in the following provisions.)
Unresolved issues from October 16
Archeological best practices
The Committee wanted greater specificity on "historical and archeological best practices. To that end,
Staff recommends the following revision:
Line 70
-
[[Ifthere is no surface evidence of the burial site, the]] The applicant must use historical
and archeological best practices as established by Maryland Historical Trust's guidelines to
establish the location of the burial site.
Planning staff recommends that archeological best practice be defined in a new guideline to be called the
"Montgomer y County Planning Board Guidelines for Burial Sites". To Staff, this looks like reinventing
the wheel.
3
It is odd for the County to have a different "best practice" than other Counties. The Maryland
3
"The guy who invented the first wheel was an idiot. The guy who invented the other three, he was a genius." Sid Caesar.
3
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Historic Trust establishes a benchmark for archaeological reviews. Planning staff should explain why a
State benchmark is insufficient.
4
If
the Council agrees that it should have its own guidelines, Staff
recommends deleting the phrase "historic and archeological best practices".
5
Planning Board discretion for grave relocation
There is a provision in SRA 17-01, as introduced, for very limited Planning Board discretion, to allow
State law to regulate the removal of human remains:
Without regard to Subsection 2, if the Planning Board determines that an accommodation of the
burial site with the development cannot be accomplished without denying the property owner
reasonable use of their entire property, then the Planning Board may approve a plan for
developm ent with the appropriate treatment of the burial site under State law.
6
This provision mirrors a similar provision in the Howard County Code.
It
allows a burial site relocation
only when to do otherwise would result in the public "taking" of the property from the owner.
The Committee wanted to allow additional Planning Board discretion to allow the relocation of a burial
site. Planning staff recommended the following provision to replace Section 4.3.M.3, starting at line 100:
3.
4.
Except under circumstances identified in Subsection 4, a burial site and graves must remain
where they are found.
The Planning Board may determine that it is necessary to allow the relocation of a burial
site if:
a.
the retention of the burial site would result in denying the property owner
reasonable use of their property;
b.
the location of necessary infrastructure cannot be achieved; or
c.
a change in the character of the area makes the relocation appropriate.
Any Planning Board approval to allow the relocation of remains is conditioned on the State
Attorney' s approval to allow the relocation under State law.
5.
This proposed amendment would maximize the Planning Board's discretion.
It
would be rare to find that
the "character of the area" around a burial site has
not
changed. Some burial sites were established in the
1700's.
If the Council wants less Planning Board discretion than proposed by Planning staff, it may limit relocation
to "extraordinary" circumstances and replace Subsection 4.c with "the possible improvements to the
visibility and accessibility of the site by the relocation of graves make the relocation appropriate."
Effective Date
There is work to do before the Bill and SRA go into effect. The existing inventory needs to be updated.
There are burial sites found in the historic record after 2009 that should be included in the inventory. The
Full disclosure is in order. The author is a Park and Planning retiree. To the extent that Planning staff is gainfully employed,
the author's pension is more secure. In this instance, the author is suggesting less work for Planning staff.
5
Staff would want to avoid an argument that the archaeological best practice is something different from the Planning Board's
guidelines.
6
Lines 95-100.
4
4
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base map needs work to allow it to be used as a regulatory tool.
7
Some Planning Board guidelines need
to be developed.
The Committee asked for a Staff recommendation on an effective date. The Planning Director is
concerned about the Council funding the additional workload and the timing of an appropriation request.
Staff recommends an April 2, 2017 effective date. In the absence of a specific effective date, the effective
date of a Bill is 90 days after the Bill becomes law. Assuming an Executive signature 10 days after an
October 31 approval, the Bill's effective date would be about February 10 in the absence of a specific
effective date provision. Because SRA 17-01 requires the use of a Planning Board approved inventory,
the effective date ofBill 24-17 must be before or on the same date that SRA 17-01 becomes effective.
This packet contains:
Bill 24-17
Legislative Request Report
Fiscal and Economic Impact Statement
SRA 17-01
Circle#
1- 4
5
6- 9
10-17
F:\Land Use\SRAs\2017 SRAs\SRA 17-01 Burial Sites\PHED Memo 10-26-17.docx
7
Staff does not wish to intentionally break anyone's heart by making this comment. The existing map is not sufficient to
identify specific parcels or lots.
It
is presented in a .pdfformat, not a GIS layer.
5
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Bill No. _ _ _
_,2::..c4:.. .-1.,_,7 _ _ _ __
_
Concerning: Land Use Information -
Burial sites
Revised:
10-17-17
Draft No: 6
Introduced:
June
27 2017
Expires:
December
27, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -'-'-No =n=e'- -------
Ch. _ _ , Laws of Mont. Co. _ _ __
COUN TY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmember Rice, Council President Berliner and Councilmember Leventhal
Co-Sponsors: Councilmembers Katz, Navarro, Council Vice-President Riemer and Councilmember
Elrich
AN ACT
to:
(1)
(2)
require the Planning Board to establish and maintain an inventory of burial sites in the
County; and
generally amend the law relating to land use information function of the Planning
Department.
By amending
Montgo mery County Code
Chapter 33A, Planning Procedures
Sections 33A-17
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
*
* *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Existing law unaffecte d by bill.
The County Counci l for Montgomery County, Maryla nd approves the followi ng Act:
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BILL NO. 24-17
Sec.1. Section 33A-17 is amended as follows:
2
Article 4. Land Use information functions
33A-17.
[Land use information functions]
Information and referral services.
(a)
The Planning Board must provide [[informational]] information and
referral services on County land use and related regulatory functions to
interested members of the public. The services to be provided include
technical assistance and information on:
(1)
(2)
(3)
master plans, including pending amendments;
zoning, including pending cases and pending text amendments;
subdivision
control,
including
pending
applications
and
3
4
5
6
7
8
9
10
11
amendments to Chapter 50;
(4)
( 5)
(6)
growth policy and related regulatory requirements;
federal, state, and local environmental regulations; and
related administrative, regulatory, or legislative procedures
applicable to the Planning Board, Office of Zoning and
Administrative Hearings, Historic Preservation Commission,
Board of Appeals, other County regulatory agencies, Washington
Suburban Sanitary Commission, and County Council.
(b)
A resource library must be maintained that contains:
( 1)
(2)
(3)
(4)
(5)
relevant laws, regulations, and administrative procedures;
appropriate zoning_and other maps;
administrative and legislative hearing schedules;
significant administrative and judicial land use decision; and
master plans, policy documents, planning studies, and other
appropriate reference materials.
(
c)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
21
All County departments, offices, and agencies must provide the planning
department with:
~]-
F:\LAW\BILLS\1724 Land Use
Information - Burial Sites\Bill 7.Docx
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BILL No. 24-17
28
29
30
31
32
33
34
35
36
( 1)
requested materials (other than confidential documents) to ensure
the availability to the public of current information[,]; and
the location and telephone number of the person or persons to
whom inquiries may be referred.
In this subsection,
~
(2)
@
ill
burial site
means
fl
physical location where
~
human remains were buried in the earth, or entombed in
does not include the sprinkling of ashes from cremated remains.
mausoleum or columbarium. A burial site includes a cemetery, but
ill
The Planning Board must maintain, and revise as appropriate, an
inventory of burial sites located in the County. The inventory
must:
(A)
[[include each burial site located in an area of the County
where the Planning Board is authorized to approve
subdivision;]]
~
37
38
39
40
41
42
43
44
45
[[_(fil]]
include
~
map and
~
description of each burial site,
including ownership information when available;
[[(g]]( ID
be made available to the public electronically; and
be updated at least annually or as information
becomes available.
[[ill}]] (Q
46
47
ill
The Planning Board must establish
~
procedure for [[~ person to
request the addition of~]] additions or exclusions to the burial site
[[to the]] inventory. The procedures must include [[~]]an outreach
program.
48
49
50
51
52
53
54
Sec. 2. Effective Date
This Bill becomes effective on April 2, 2018.
Approved:
F:\LAW\BILLS\1724 Land Use Information - Burial Sites\Bill 7.Docx
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BILL
No. 24-17
55
56
57
58
59
60
61
62
63
64
65
Roger Berliner, President, County Council
Approved:
Date
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Linda M. Lauer, Clerk of the Council
Date
_\J)_
F:\LAW\BILLS\1724 Land Use Information - Burial Sites\Bill 7.Docx
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LEGISLATIVE REQUEST REPO RT
Bill 24-17
Land Use Information
-
Burial Sites
DESCRIPTION:
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITID N
MUNICIPALITIES:
PENALTIES:
The Bill would require the Planning Board to establish and
periodically update an inventory of burial sites.
In the absence of an inventory land disturbances may unknowingly
violate burial sites.
Provide an inventory of burial sites with an opportunity to update
information. The Bill is a companion to Subdivision Regulation 17-
01 which accommodates burial sites in the subdivision process.
Planning Department
To be requested.
To be requested.
To be requested.
To be researched.
Jeff Zyontz, Senior Legislative Analyst, 240-777-7896
To be researched.
Not applicable
0
(2,.
f:\law\bills\1724 land use information - burial sites\frr.docx
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ROCKVILLE. MARYLAND
ME MO RA ND UM
July 17, 2017
TO:
FROM:
Roger Berliner, President, County Council
Jennifer A. Hughes, Director, Office of Management and Bud,
ge.
t.
Alex andr e A. Espinosa, Director, Department of Finance , ,
I$-~
,
)
·i
1:J?J,
' , :
jJV
'v. ,..,
FEIS for Bill 24-17, Land Use Information - Burial Sites
""i,
;_:;-:;1~~:)·-~;,j.>i
ti
SUBJECT:
Please find attached the fiscal and economic impact statement
s for the above-
referenced legislations.
JAH :fz
cc: Bonme Kirkland, Assistant Chie f Administrative Offic er
Lisa Austin, Offices of the Coun ty Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
David Platt, Depa rtme nt of Finance
Dennis Hetman, Department of Finance
Jennifer Nordin, Office of Man agem ent and Budget
Felicia Zhang, Offic e of Management and Budget
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Fiscal Impact Statement
BILL 24-17, Land Use Information
-
Burial Sites
1. Bill Summary
Bill 24-17 requires the Maryland National Capital Park ahd Planning Commission (M-
NCPPC) Planning Board to create and maintain
an
inventory of burial sites in
Montgomery County. This Bill is a companion to Subdivision Regulation 17-01 which
includes burial sites in the subdivision approval process.
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 information, assumptions, and methodologies used.
No impact to revenues.
M-NCPPC estimates ongoing expenditures for one new Planner Coordinator position
($118,300)
and first year expenditures for supplies
($36,000);
however, the Office of
Management and Budget (0MB) believes the upfront workload to create
an
inventory
can be completed by a contractor and the ongoing workload is manageable through
existing staffing levels.
)
3.
Revenue and expenditure estimates covering at least the next
6
fiscal years.
No impact to revenues.
M-NCPPC estimates ongoing expenditures for one full-time staff position and first year
expenditures for supplies (vehicle, computer, furniture).
Personnel
Costs
Operating
Expenses
Year I
$118,300
$36,000
Year2
$118,300
$0
Year 3
$118,300
$0
Year4
$118,300
$0
Year
5
$118,300
$0
Year6
$118,300
$0
Alternatively, 0MB estimates the upfront workload can be completed in the first year by
a
contractor
($156,000- $260,000
based
on
an hourly rate of
$75-$125)
and
the
ongoing
workload can be absorbed by existing staff.
Personnel
Costs
Operating
Expenses
-··
Year l
$0
$156,000-
260,000
Year2
$0
$0
Year 3
$0
$0
Year4
$0
$0
Year
5
$0
$0
Year6
$0
$0
4.
An actuarial analysis through the entire amortization period for each bill/regulation that
would affect retiree pension or group insurance costs.
Not applicable.
5.
Later actions that may affect future revenue and expenditures if the bill/regulation
authorizes future spending.
Not applicable.
(j)
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6. An estimate
of
the staff time needed
to
implement the bill/regulation.
M-NCPPC estimates one new position is needed to complete infom1ation assessments,
fieldwork, mapping; and evaluations of development applications.
Alternatively, 0MB estimates the upfront workload can be completed by a contractor and
the ongoing workl.oad can be absorbed by existing staff.
7. An explanation of how the addition of new staff responsibilities would affect other duties.
M-NCPPC estimates one new position
will
complete the workload and existing staff
duties will not be affected.
Alternatively, 0MB estimates the upfront workload can be completed by a contractor and
the ongoing workload can be absorbed by existing staff.
8.
An
estimate of costs when an additional appropriation is needed.
Not applicable.
9.
A description of any variable that could affect revenue and cost estimates.
Not applicable.
10.
Ranges
of
revenue or expenditures that are uncertain or difficult to project
Not applicable.
11.
If a
Bill
is likely
to
have no fiscal impact, why that is the case.
Not applicable.
12. Other fiscal impacts or comments.
Not applicable.
13.
The following contributed to and concurred with this analysis,
Karen Warnick, MNCPPC
Diane Jones, DPS
Greg Ossont, DOS
Emil Wolanin, DOT
Timothy Goetzinger, DHCA
Jem1ifer Nordin, 0MB
Date
M)
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Econom ic Impact Stateme nt
Bill 24-l. 7, Land Use Informa tion -
Burial
Sites
Bnckground:
This legislatio n \'\'Ould require the Montgomer) Counly
Planning
Board of the
\faryland -
National Capital Park
and
Plaiming
Commission to
establish
and maintain an i1wcntory
of
burial
sites in the
County.
Subdivision
Regulati on
17-01
would
require that such
burial
sites identified in the inventory be respected in the subdivis ion approval process.
1.
The
sources
of information,
assumptions,
and methodologies used.
There are no sources of
information. assumptions.
or methodo logies used in the
preparati011 of the
economi c
impact statement.
2. A descript ion of any variable that could affect the economi c
impact
estimates.
Not
applicable.
3.
The
Bill's
positive or negative effect,
if
any on emplo)
1
ment,
spending, savings,
investm ent, incomes , and property values in the County.
Bill 24-17
vvould
have
no economic impact on employment- spending. savings.
investme nt. incomes. and property values in the County.
4.
If
a Bill is
likely
to
have no economic impact,
why
is
that
the case?
Bill 24-17 \vould have no economi c impact because
it
establish es
and
maintain s
an
inventor y of burial sites which do~s not have an impact on employm ent. spending ,
savings. investme nt, incomes property values.
5. The followin g contribu ted to or concurre d with this analysis : David Platt and
Robert Hagedoorn, Finance.
f
.'
//:
Alexand re A. Espmosa . Director
Departm ent of Finance
;
I
')o(1
Date
Page 1 of 1
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Subdivision Regulation Amendment No.: 17-01
Concerning: Approval Procedures - Burial sites
Draft No. & Date: 5 - 10/20/17
Introduced: June 27, 2017
Public Hearing: September 12, 2017
Adopted:
Effective:
Ordinance No:
COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND
SITTING AS THE DISTRICT COUNCIL FOR THAT PORTION OF
THE MARYLAND-WASHINGTON REGIONAL DISTRICT WITHIN
MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmember Rice, Council President Berliner, and
Councilmember Leventhal
Co-sponsors: Councilmembers Navarro, Rucker, and Elrich
AN AMENDM ENT
to:
1) define burial sites;
2) require the identification of burial sites on preliminary plan applications;
3) require approved preliminary plans to appropriately preserve burial sites; and
4) generally add provisions to protect and preserve burial sites in the subdivision
approval process.
By amending
Montgomery County Code
Chapter 50
"Subdivision of Land"
Section 50.2 "Interpretations and Defined Terms"
Section 50.4 "Preliminary Plan"
Boldface
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Heading or defined term.
Added to existing law by introduced Subdivision Regulation
Amendment.
Deleted from existing law by introduced Subdivision
Regulation Amendment.
Added to the Subdivision Regulation Amendment by
amendment.
Deleted from existing law or the Subdivision Regulation
Amendme nt by amendment.
Existing law unaffected by Subdivision Regulation Amendment.
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ORDINANCE
The County Council for Montgomery County, Maryland, sitting as the District Council
for that portio n ofthe Maryland-Washington Regional District in Montgomery County,
Maryland, approves the following Ordinance:
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Subdivision Regulation Amendment No.: 17-01
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Sec.
1.
Chapter 50 is amended as follows.
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Divi sion 50.2. Interpretation and Defined Term s
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Sect ion 2.2. Defi nitio ns
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All term s used in this Chapter that are defined in Chapter 59 or Chap ter 49 have
the
same mea ning s as the definitions in those Chapters, unless otherwise defined
here.
In this Chapter, the following words and phra ses have the meanings indicated.
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B.
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Block:
Land area bounded by roads, other rights-of-way, unsubdivided acrea
ge,
natural barriers, and any other barrier to the continuity of development.
Burial site: A physical location where hum an remains were buried in the earth
, or
ento mbe d in
£!
mausoleum or columbarium. A burial site includes
£!
cemetery,
but
does not include the sprinkling of ashes from crem ated remains.
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Arti cle II. Subdivision Plan s
Divi sion 50.4. Preliminary Plan
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Exce pt for an administrative or mino r subdivision submitted under Division
s 50.6
and 50.7 , the subdivider mus t submit a prop osed subdivision to the Boar
d for
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Subdivision Regulation Amendment No.: 17-01
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appro val in the form of a preliminary plan before the submi ssion of a plat. The plan
must show graphically, and supporting docum ents must demon strate, the data
neede d for the Board to make the findings requir ed by this Article.
Section 4.1. Filing and Specifications
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B.
The drawing.
The subdivider must submit a prelim inary plan drawing in a
form requir ed by regulations of the Board. Details and information must
include:
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7.
graphic representation of the propo sed subdivision, including:
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lines showi ng the limits of each zone, if the prope rty is located
in more than one zone; [and]
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k.
all existin g topography, structures, and pavm g on adjoining
prope rties within 100 feet[.]; and
1.
locati on of any burial sites of which the applic ant has actual
notice or constructive notice or that is included in the
Montg omery Count y Ceme tery Inventory.
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Section 4.2. Approval Procedure
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Subdivision Regulation Amendment No.: 17-01
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D.
Requir ed Findings.
To approve a preliminary plan, the Board must find that:
1.
the layout of the subdivision, including size, width, shape, orientation
and density of lots, and location and design of roads is appropriate for
the subdivision given its location and the type of development or use
contemplated and the applicable requirements of Chapter 59;
2.
3.
the preliminary plan substantially conforms to the master plan;
public facilities will be adequate to support and service the area of the
subdivision;
4.
5.
all Forest Conservation Law, Chapter 22A requirements are satisfied;
all stormwater management, water quality plan, and floodplain
requirements of Chapter 19 are satisfied; [and]
6.
any burial site of which the applicant has actual notice or constructive
notice or that is included in the Montgomery County Cemetery
Inventory and located within the subdivision boundary is approved
under Subsection 50-4.3 .M; and
[6]1.
any other applicable provision specific to the property and necessary
for approval of the subdivision is satisfied.
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Section 4.3. Technical Review
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In making the findings under Section 4.2.D, the Board must consider the following
aspects of the application.
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Subdivision Regulation Amendment No.: 17-01
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M.
Burial sites
1.
Wh en
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prop osed preliminary plan includes
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burial site of which the
on
appl ican t has actual notice or constructive noti ce or that is identified
the Mon tgom ery Cou nty Cemetery Inve ntor y with in the site,
the
appl ican t mus t satisfy the following requirements:
a.
[[If there is no surface evidence of the burial site, the]] The
appl ican t mus t use historical and arch eolo gica l best prac tice s~
established by Mar ylan d Historical Tru st's guidelines to
establish the location of the burial site. [[The]] Unless Planning
Dep artm ent Staf f believes that vand alism concerns dictate
otherwise, the com ers of the burial site mus t be staked in the field
befo re preliminary plan submittal. [[The]] If required, the stakes
mus t be mai ntai ned by the appl ican t until preliminary plan
approval.
b.
An inventory, that may include pho togr aphs , of existing burial
site elements (suc h as walls, fences, gates, landscape features,
fieldstones, grave locations, and tom bsto nes) and their condition
mus t be submitted as part of the prel imin ary plan application.
c.
The plac eme nt of lot lines mus t prom ote long-term maintenance
of the burial site and protection of exis ting elements.
d.
[[An appropriate fence or wall mus t be mai ntai ned or provided
to delineate the buri al site. The desi gn of the prop osed enclosure
and
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construction schedule mus t be appr oved
by
the Planning
Boa rd, before the approval of~ reco rd plat.]]
(,[,)
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Subdivision Regulation Amendment No.: 17-01
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[[e.]] The burial site must be protected
h1:
arrangements
sufficient to
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2.
assure the Planning Boar d of its future maintenance and
preservation, as specified in the Montgomery Coun ty Plann ing
Boar d's guidelines for burial sites.
The Planning Board must requi re appropriate measures to prote ct the
burial site during the development process.
[[Without regard to Subsection
2.,.
if the Planning Board determines that
an accommodation of the burial site with the development cann ot be
accomplished without denying the property owner reasonable use of
their entire property, then the Planning Boar d may approve
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plan for
development with the appropriate treatment of the burial site unde r
State law.]] Except under circumstances identified in Subsection 4. a
burial site and graves must rema in where they are found.
The Planning Board may determine that it is necessary to allow the
relocation of a burial site if:
the retention of the burial site would result in deny ing the
property owner reasonable use of their property;
the location of necessary infrastructure cannot be achieved; or
a change in the character of the area makes the relocation
appropriate.
Any Planning Board approval to allow the relocation of remains is
conditioned on the State Attor ney's approval to allow the relocation
unde r State law.
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Subdivision Regulation Amendment No.: 17-01
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Isiah Leggett, County Executive
Approved:
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Sec. 3. Effective Date.
This amendment takes effect on April 2, 2018.
Date
This is a corre ct copy of Council action.
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Linda M. Lauer, Clerk of the Council
Date