Monday, April 27, 2009

New law on land annexation

Land Annexations 

A December 2005 Maryland Department of Planning report indicated that, from 1997 

through 2005, the acreage of municipal corporations in Maryland had grown by an estimated 

11%, or 27,453 acres, as a result of annexation, with the greatest percentage increases occurring 

in Western Maryland and on the Eastern Shore.  Chapter 381 of 2006 altered State law regarding 

municipal annexation by, among other things, requiring municipalities that exercise zoning 

authority to include a municipal growth element in their comprehensive plans and for 

annexations on or after October 2009, requiring a municipal annexation plan that is consistent 

with the municipal growth element.   

Senate Bill 350/House Bill 220 (both passed) exempt proposed municipal annexations of 

parcels of land that are five acres or less, and that are part of a lot containing at least one other 

parcel that has been part of the municipal corporate area for at least three years, from the 

requirements that consent be obtained from a specified percentage of area residents and property 

owners and that the proposed annexation be subject to a referendum.  A municipal corporation, 

however, may not annex a total of more than 25 acres under the exceptions of the bills, and the 

bills do not apply to land zoned for agricultural use.  Provisions of the bills terminate 

September 30, 2011. 


Bikes for the World-Donation Event-May 16

Have a bike that you are not using? Someone in a developing county could use your bike to get to school, work and home again.

Saturday May 16, 2009  10AM  to 1PM bring your bike to 

Pedal Pushers, 546 B&A Blvd (in the shopping area with the Big Bean Coffee Shop)

A donation of $10 is needed to defray the cost of shipping overseas.

This is a project of the Washington Area Bicyclist Association, a 501 (c) (3) organization. For further info go to bikes for the world.org or call 1-703-525-0931

Tuesday, April 21, 2009

AA County Fiscal Impact Analysis (FIA)

Comments by Mike Lofton 4/11/09
Comments are based on a review of the referenced report prepared by TischlerBise dated March 6, 2009.

The FIA attempts to predict revenues & expenses for Anne Arundel County based on a series of “Growth Scenarios” to the year 2025. Ostensibly, these predictions should help guide public policy with a sense of the financial implications of various strategies.

The task is a daunting one. My compliments to the consultant for an impressive effort. Nonetheless, several issues ought to be further explored before the FIA is relied upon for policy making.

As a general concern the FIA takes an optimistic view of prospective revenues while potentially understating potential expenses. Specifically,

* In estimating futures expenses, the FIA assumes that current levels of public services are satisfactory and will remain unchanged thru 2025. It does not incorporate projects in the County Capital Improvement Plan or other approved master plans. It is hard to imagine that county officials and the public will not seek to implement these plans.


    *The FIA does not include expenses to address the substantial stormwater management system needed in the county. This was a major issue in the last election with both candidates for County Executive promising solutions.


    * The FIA avoids the cost of new school capacity by assuming school population will swell to 120% of capacity. When costs are calculated using 100% of capacity the “Growth Surplus” virtually vanishes!


    *It is difficult to tell if all the “Backlog Costs” have been included. Significant new requirements to account for future costs have been imposed by the Government Accounting Standards Board (GASB). A systematic review of those requirements & the assumed costs in the FIA needs to be made.


    *The assumption of a zero inflation rate certainly makes the math easier but it could be misleading. Some historical data on recent cost trends in the major costs of county government (specifically “Backlog” components) should be made. Consideration should also be given for the potential of property tax revenues to be constrained below the real inflation rate by the tax cap.


On the revenue assumption side:


    *The FIA assumes constant State funding at existing ratios. This is not a safe assumption.


    *The FIA assumes recordation & transfer taxes at a constant 15% of total revenues thru 2025. This revenue sources is collapsing now. The FIA projection should be compared to the most recent County budget office projections for at least the next few years. It is likely to significantly under perform the FIA projection in the short term.


General observations:


    *The FIA does not differentiate the fiscal impacts of different types of growth. A comparison of the costs/expenses of residential vs. commercial and infill vs. greenfield could be a very valuable policy tool.


    *The FIA concludes that Scenario #4, Accelerated Growth, is the most financially advantageous to the County. Caution is advised in considering this scenario. It rests on the questionable assumptions cited above and ignores the creation of an extraordinary “Backlog” as a result of the County’s current revenue tools.


    * Scenario #2 has the worst financial performance based on, “the assumption of additional jobs at Ft. Meade, which are assumed to be non-taxable thus generating cost to serve the growth without commensurate revenue. So is BRAC a net cost to the County?


    *The discussion of Debt limitation ought to note options cited in the FY 2010 Report of the County Spending Affordability Committee, which could provide additional debt capacity.


    *In assessing potential revenue sources to address the “Backlog” the consultants ought to refrain from making political calculations about acceptability to the public. Surely our elected officials can sort these matters out.


    *The FIA ought to examine policy options for Tax Increment Financing. Currently, 100% of the increment is devoted to financing infrastructure for development. Approaches using less than 100% may be feasible in some cases creating additional GF revenues.


    *One thing is for sure; we can’t grow our way out of this mess. Our elected officials need to craft revenue & expense strategy that truly makes growth at least pay for itself AND responsibly eliminates the large & growing backlog in the maintenance and renovation of essential public infrastructure.


Thanks for all of your insight on this, Mike

Ann






Friday, April 10, 2009

Smart, Sustainable Growth - HB 297

The Maryland Court of Appeals ruled in Terrapin Run (2008) that special exceptions could be granted to county and municipal plans, even if the exception did not strictly conform to the comprehensive plan. That took the legal teeth out of planning. HB 297 puts the teeth back in; it passed both the House and Senate. Here is HB 297's synopsis.

April 4, 2009
MD Legislature's HB 297

Smart, Green, and Growing – Smart and Sustainable Growth Act of 2009

FOR the purpose of defining a certain term applicable to the adoption of certain
ordinances or regulations by a local jurisdiction and the exercise by a local
jurisdiction certain governmental entities of certain land use ordinances and
regulations, water and sewer plan review, growth allocation, and annexation
powers to require clarify consistency with a local comprehensive plan is
required under certain circumstances;

altering the applicability of certain land use provisions to certain local jurisdictions;

requiring a local jurisdiction to enact a certain land use plan; requiring a member of a local planning commission to complete a certain education course;

requiring a member of a board of appeals to complete a certain education course;
declaring the intent of the General Assembly;

requiring a member of a local planning commission and a member of a board of appeals to complete a certain education course by a certain date;

requiring the Task Force on the Future for Growth and Development to make certain recommendations;

requiring the Department of Planning to develop a certain education course by a certain date;

providing for the application of this Act;

stating the General Assembly’s intent to overturn the ruling in a certain court case;
defining certain terms; and generally relating to land use.

http://mlis.state.md.us/2009rs/bills/hb/hb0297t.pdf