Baltimore County lawmakers Monday night approved a measure that gives an appointed department head the exclusive discretion to exempt developers from providing required recreational land.
The vote gives the county?s recreation and parks director sole discretion to allow developers to pay cash instead of providing open space, removing responsibility reserved for the county hearing officer on projects of 20 homes or more. More importantly, said County Council Chairman Sam Moxley, D-District 1, the bill requires the county to spend waiver fees on park projects in the districts they came from.
“Before, they could take money from a proposal in Catonsville and build a park in Dundalk,” Moxley said.
The County Council requires developers to provide at least 1,000 square feet of open space for each home to preserve recreational space.
Current Recreation and Parks Bob Barrett said he recommends waivers only in special circumstances, and he doesn?t expect the new law to increase exemptions.
The county last August increased fees for open space waivers, which range in price from 15 cents to $9.76 per square foot. Officials at the time expected to waive 764,000 square feet during 2006.
“The rates are almost four times what they were,” Barrett said. “The developers will have to really take a look at the economics.”
One land preservationist decried the move as an “abrogation of authority.” Alan Zuckerberg, a Pikesville activist and frequent council critic, said the council is giving representation from the citizens to an executive appointee, who could favor developers.
Residents can still appeal development approvals ? and developers can contest denials ? to the county?s Board of Appeals, Moxley said.
That board in December upheld the hearing officer?s denial of an open space waiver request, despite Barrett?s recommendation for approval. In its opinion, the board said the developer did not demonstrate “unnecessary hardship” if the waiver was not granted.
