Harford Council passes new bill on development moratoriums

Published February 8, 2007 5:00am ET



Development moratoriums in parts of Harford County can now be lifted as long as more school capacity is on the way, under a bill passed unanimously Tuesday by the County Council.

The bill, sponsored by James “Capt. Jim” McMahan, R-Bel Air, allows the county to permit new residential projects in overcrowded school districts if there is funding for new classroom space; if construction has begun and will be complete within one year; and if enrollment at the affected school will dip below 105 percent.

In recent months, the county stirred controversy by following a policy of lifting moratoriums in districts where enrollment was projected to fall below the cutoff several years from now, raising allegations that officials were violating their own public facilities laws.

McMahan?s bill followed soon after an attempt by Edgewood/Joppatowne Democrat Dion Guthrie to pass a stricter change that would bar the use of enrollment projections entirely, tying the moratoriums to actual school capacity.

“There was a lot of gooddiscussion between me and Mr. Guthrie,” McMahon said. “On the heels of that, I realized what he was trying to accomplish: That we must get away from the policy ? and adhere to the law.”

Guthrie?s bill was voted down, but he introduced an amendment to McMahon?s version that shortened the window from two years prior to a school?s completion to one.

“The only difference between what I was trying to do in January and what we?re doing now is that [developers] have one year,” Guthrie said. “If it?s only a year out, you know the school?s well more than half done before we start counting those seats.”

Seven districts in the county have bans on new residential construction due to school crowding. One district touched off most of the recent debate when the Paca?s Meadow project was approved outside of Bel Air, despite several schools above the 105 percent cutoff. Guthrie lamented the bill would do nothing to turn back that project.

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