AGENDA ITEM 5C
June 27, 2017
Introduction
MEMORANDUM
June 23, 2017
TO:
County Council
Jeffry
L.
Zyont{
lior Legislative Analyst
FROM:
SUBJECT:
Introduction:
Bill 24-17, Land Use Information-Burial Sites
Bill 24-17, Land Use Information - Burial Sites, sponsored by Lead Sponsors
Councilmember Rice, Council President Berliner and Councilmember Leventhal, is scheduled to
be introduced on June 27. A public hearing will be scheduled at a later date.
Bill 24-17 would require the Planning Board to establish and maintain an inventory of
burial sites in the County. Subdivision Regulation 17-01 would require burial sites identified in
the inventory to be respected in the subdivision approval process.
This packet contains:
Bill 24-17
Legislative Request Report
Circle#
1
4
F:\LAW\BILLS\1724 Land Use Information - Burial Sites\Intro Memo.Docx
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Bill No. ----=2:....:.4....:-1...!..7_ _ _ __
Concerning: Land Use Information -
Burial sites
Revised: June 20, 2017 Draft No: 5
Introduced:
June 27 2017
Expires:
December 27, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ----'----No=-n=e_ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmember Rice, Council President Berliner and Councilmember Leventhal
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
Montgomery 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 unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 24-17
1
Sec.
1.
Section 33A-17 is amended as follows:
Article 4. Land Use information functions
33A-17.
[Land use information functions]
Information and referral services.
2
-
3
4
5
(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
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 dec_ision; 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
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27
All County departments, offices, and agencies must provide the planning
department with:
~
F:\LAW\BILLS\l 724~se Infonnation - Burial Sites\Bill
5
Require Burial Site Inventory.Docx
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BILL
No. 24-17
28
( 1)
requested materials (other than confidential documents) to ensure
the availability to the public of current information[,]; and
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30
31
32
33
34
35
36
37
38
39
(2)
the location and telephone number of the person or persons to
whom inquiries may be referred.
@
ill
In this subsection,
~
burial site
means
~
physical location where
~
human remains were buried in the earth, or entombed in
mausoleum or columbarium. A burial site includes~ cemetery, but
does not include the sprinkling of ashes from cremated remains.
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;
~
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41
42
43
44
45
on
.(Q
include~ map and~ description of each burial site including
ownership information when available;
be made available to the public electronically; and
be updated annually.
(ill
46
47
48
49
ill
The Planning Board must establish
fl.
procedure for
fl
person to
request the addition of
~
burial site to the inventory.
The
procedures must include
~
outreach program.
50
51
52
53
Approved:
Roger Berliner, President, County Council ·
Date
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W\BILLS\17240Use lnfonnation -
Burial
Sites\Bill
5
Require
Burial
Site Inventoiy.Docx
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LEGISLATIVE REQUEST REPORT
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
WITIDN
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
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