Enforceability of the Plan:
Courts have sometimes discounted comprehensive plans as mere “guidance” if the plan has not been followed. Citizens who volunteer many hours of their time expect the plans to “have teeth”. In accordance with recently passed state legislation, the implementation plan contained in the plan and the language adopting the plan by the County Council must show its intent that the plan is enforceable.
Protection of Natural Resources:
The GDP does not emphasize the need to maintain and enhance the County’s remaining forest cover. The Chesapeake Bay Program’s Forest Conservation Directive notes the critical importance of forested areas for air quality, non-point pollution reduction, flood mitigation, energy conservation, carbon sequestration, stream cooling and critical plant and wildlife habitat. The Bay Program’s water quality goals are doomed to failure if the amount of forested area in the Bay Watershed is further reduced. Thus, the GDP should include recommendations that the County take the following steps to protect and enhance the County’s remaining forest resources:
(a) adopt a "no-net-loss" of forests policy that emphasizes avoidance of forest removal to the maximum extent possible and mitigation where loss is unavoidable;
(b), strengthen its forest conservation requirements so that the number of residential lots does not take precedence over protecting priority areas and meeting forest conservation thresholds; and
(c) establish a 50 % Urban Forest Canopy goal for its urban and suburban areas.
The GDP should also include a recommendation for adoption of expanded stream buffers for non--tidal streams similar to those required for streams in the Chesapeake Bay Critical Area. Such a recommendation was included in many of the Small Area Plans.
DENSE DEVELOPMENT IN CRITICAL AREAS
The statewide Critical Area Law that is a large overlay law that seeks to protect water quality and habitat of the Bay was strengthened and expanded in 2008, but may have some loopholes that allow overly dense development in the most fragile areas along our rivers. A development to watch is for an Assisted Living facility proposed for acreage adjoining Deep Creek off the Magothy River. It is titled KHI (Koch) Deep Creek Villas on 46 acres of RCA and LDA critical area designation. The argument for one large building that will house 160 dwelling units on RCA land is that it is one building—the Assisted Living Units are just “bedrooms” so this is not 160 dwelling units. There is state and federal law that discourages ruling out the placement of rehab facilities or assisted living units in residentially zoned land. It is a requirement of current AA Co. zoning law that assisted living facilities be allowed in residentially zoned land as long as certain conditions are met for a special exception.
PATUXENT RIVER AND WILDLIFE REFUGE THREATENED
Base closing process known as BRAC will mean many new jobs will be located at NSA in west Anne Arundel County. Large tracts of commercial land are proposed for conversion to residential uses and some of the largest planned developments are very close to the National Patuxent Wildlife Refuge and Patuxent River. New building needs to complement its neighbors and environment and not threaten our quality of life. Before such developments are approved, needed improvements to public facilities should be in place.
PROPERTY RIGHTS ADVOCATES
A new group of those seeking to gain more protection for rights to build and use their land without interference from government regulation is active in AA Co. Known informally as the “red shirts” because of their first major appearance en masse at the County Council wearing red tee shirts with the phrase “Stop the Zoning Gestapo”. A pending bill before the County Council supported by the red shirts would disallow the current practice of anonymous citizen zoning complaints.
Anonymous complaints are an important tool used by law enforcement, hot lines, etc. Mandating the name and address will discourage some complaints in a county that relies on complaints to trigger enforcement. Bill No. 44-09 will be before the County Council for hearing on June 15, 2009, 7PM.
