For Immediate Release: Friday, December 8, 2023
Committees will review legislation regarding roadside tree replacement fees and the County’s right of first refusal to buy rental housing; and review zoning text amendments regarding site plan requirement in the Fenton Village Overlay Zone and biennial adjustment calculations and inflation limits for the Bethesda Overlay Zone’s Park Improvement Payment and the Downtown Silver Spring Overlay Zone’s Civic Improvement Fund
The Transportation and Environment (TE) Committee will meet on Monday , Dec. 11 at 10 a.m. to discuss Bill 40-23, Tree Canopy and Roadside Tree Requirements – Fee Revisions.
The members of the TE Committee include Chair Evan Glass, Councilmember Marilyn Balcombe and Vice President Kate Stewart.
The Planning, Housing and Parks (PHP) Committee will meet at 1:30 p.m. to discuss Zoning Text Amendment (ZTA) 23-06, Fenton Village Overlay Zone – Site Plan; ZTA 23-07, Bethesda Overlay Zone – Park Improvement Payments and Downtown Silver Spring Overlay Zone – Civic Improvement Fund; and Expedited Bill 38-23, Tenant Displacement – Right of First Refusal to Buy Rental Housing – Amendments.
The members of the PHP Committee include Chair and Council President Andrew Friedson and Councilmembers Natali Fani-González and Will Jawando.
More detail on each agenda item is provided below.
Bill 40-23, Tree Canopy and Roadside Tree Requirements – Fee Revisions
Review: The TE Committee will review Bill 40-23, Tree Canopy and Roadside Tree Requirements – Fee Revisions, which would update the laws regarding the tree canopy and roadside tree work to encourage the conservation of trees in Montgomery County. This bill would adjust the fees payable to the Tree Canopy Conservation Account and the Street Tree Planting Fund. The lead sponsors of Bill 40-23 are Council President Friedson and Councilmember Glass. All other Councilmembers are cosponsors.
Under the County’s roadside tree law, a permittee who removes a tree in the County’s right of way generally must pay a fee to the Street Tree Planting Fund maintained by the Department of Transportation. Similarly, under the County’s sediment control laws, an applicant for a sediment control permit must pay a fee into the Tree Canopy Conservation Account.
The bill is needed because the current structure for each of the fees has been insufficient to reflect actual costs of tree replacement, and it does not increase with inflation. The purpose of the bill is to promote tree preservation across Montgomery County and provide for a fee structure that is commensurate with costs.
Bill 40-23 would set the fee payable to the Street Tree Planting Fund at $450 per tree, with a biannual increase based upon inflation. The bill would set the fee payable to the Tree Canopy Conservation Account at $470 per tree, with a biannual increase based upon inflation.
Zoning Text Amendment 23-06, Fenton Village Overlay Zone – Site Plan
Review: The PHP Committee will review ZTA 23-06, Fenton Village Overlay Zone – Site Plan, which would remove the site plan requirement for certain projects in the Fenton Village Overlay Zone. Under the current zoning ordinance, site plan approval is required for any development in the Fenton Village Overlay Zone. ZTA 23-06 will exempt minor developments from site plan approval, including any addition, reconstruction or exterior alteration that is one-story, up to a maximum of 15 feet and/or that changes the gross floor area by less than 1,000 square feet. The minimum setbacks in the underlying zone will also need to be met.
Councilmember Glass and Vice President Stewart are the lead sponsors of this zoning measure.
Review: The PHP Committee will review ZTA 23-07, Bethesda Overlay Zone and Downtown Silver Spring Overlay Zone – Park Improvement Payments and Civic Improvement Funds. The zoning measure would modify the method the biennial adjustments are calculated and set an inflation limit in the Bethesda Overlay Zone’s Park Improvement Payment and the Downtown Silver Spring Overlay Zone’s Civic Improvement Fund.
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In June 2023, the Council enacted Expedited Bill 25-23, Taxation – Development Impact Taxes for Transportation and Public School Improvements – Amendments, along with an accompanying resolution that modified the calculation for the biennial adjustments for school and transportation taxes. The purpose of ZTA 23-07, as recommended by the Planning Board, is to mirror and adopt the changes made to the impact tax calculation in the County Code.
The lead sponsor is the Council president, at the request of the Montgomery County Planning Board.
Review: The PHP Committee will review Expedited Bill 38-23, Tenant Displacement – Right of First Refusal to Buy Rental Housing – Amendments and Executive Regulation, which would amend the Montgomery County Code to allow the County Executive to designate a qualified entity that may exercise the right of first refusal. The purpose of the bill is to increase access to affordable housing and enable the County to more effectively evaluate and exercise the right of first refusal on the purchase of rental housing by delegating the ability to qualified entities.
The lead sponsor is the Council president, at the request of the County Executive.
The Committee meeting schedule may change from time to time. View the current Council and Committee agendas, Council staff reports and additional information on items scheduled for Council review on the Council website .
Council and committee meetings are streamed live on the Council’s web page via YouTube and on Facebook Live and can be watched on County Cable Montgomery on Xfinity/RCN 6 HD 996/1056, Fios 30, and on the CCM live stream .
Release ID: 23-414
Media Contact: 240-777-7926, 240-777-7884
For updates and link to press release, see here: http://www2.montgomerycountymd.gov/mcgportalapps/Press_Detail.aspx?Item_ID=44464