The Anne Arundel County Council now has the power to say which schools are over capacity, either opening or closing the door for new housing in the county. The council voted unanimously Monday night to take control of the school utilization chart, a list of school capacity planners use to determine if a developer?s project will impact the local schools.
The county Board of Education was charged with publishing the chart, but hasn?t in the past 18 months due to a pending lawsuit questioning the chart?s legality.
The bill was drafted by County Executive John R. Leopold, who has said the county government, not the school, should determine school capacity as it relates to land use. The school board approved the move.
The school system will provide the data the county needs to determine school capacity.
However, determining that capacity is another issue the council will likely contend with. The council tacked on an amendment making the current chart effective March 1, 2008.
At that time, developers who had been denied building because the chart says schools near their projects are overcrowded will be allowed to build.
It appears the council wants to either create a new chart or develop a new way to determine school capacity.
“By doing something tonight, hopefully we can get the problem dealt with within 72 days,” said Councilman Jamie Benoit, D-District 4. “I don?t want a school chart, but hopefully we can vote for something that can be more effective.”
More than two dozen people came out to voice opinion about another bill regarding the chart. Councilman Ed Reilly?s bill would not subject small property owners to chart by granting an exemption to property subdividing into five units or less.
The bill was amended to address technical mistakes, and will go up for a vote next month.
The council also amended a bill giving tax credits to property owners who pay for better stormwater management techniques on their property.
The new bill now penalizes the owner twice the tax credit amount if the improvements aren’t made, caps the credit at $10,000 for all property ? state law does not allow different rates between residential and commercial properties, deputy county attorney David Plymyer said ? and removes the requirement for a building permit.
Alan Friedman, Leopold?s government affairs director, tried to push an amendment that would make the tax credits dependent on a new funding source. Leopold has said the tax credits will sap the county?s limited revenue.
But that amendment failed, 6-1. Councilman Josh Cohen, D-District 6, was the lone “yea” vote.
The council also approved funding for the former U.S. Naval Academy Dairy Farm. The appropriations bill pays the first six months of a 30-year lease that gives the county control of a 857-acre farm in Gambrills.
