Howard County
- Stormwater User Fee Task Force
The County has formed a Citizens Advisory Panel to discuss implementing a stormwater tax on County residents. The County claims this tax is necessary to help meet its stormwater retrofit requirements under the WIP. HBAM and NAIOP are represented on the task force. This is an issue both organizations have generally supported over the years on a state-level, but have not encountered it on the county level. HBAM does not support residents of homes built after 2007 paying the fee as these homes have been designed to meet “woods in good conditions” and treat all stormwater on site. We believe that homes built prior to 1984 should pay the highest proportion of a fee such as this, and homes built between 1985 and 2007 should pay a discounted rate based on the existing stormwater management controls.
- Forest Conservation Manual Changes
Chapter members are waiting to hear back from DPZ Director McLaughlin about our comments. Her staff has met with her to present our proposed changes, and she will be meeting with us to discuss the changes. If legislation will be filed updating the Forest Con Manual, it will be a some point in 2012.
- 2012 APFO School Chart Tabled
The 2012 APFO School chart was tabled by the County Council this month. The elementary school chart showed capacity based on a proposed site in Elkridge, but the deal has stalled and has not closed. Because the deal is in limbo and the chart bases student capacity assuming the deal would have gone through and the school will be built, the chart is invalid and the Council has to wait. Because of this, it is unlikely a chart will be voted on at all this year. Until the next chart comes out in 2012, the 2010 chart is in effect. HBAM members with projects delayed because there is no school chart are encouraged to contact Michael Harrison. We are compiling a list to take to the County for relief.
- 2012 APFO Growth Allocations Chart passes
Despite the school chart being tabled, the County Council approved the 2011 APFO allocations chart.
- County Legislation
- Hearing Examiner Appeals to be heard on the record
Legislation that County Executive Ulman sponsored that would have amended the County Code to require that all cases appealed to the Board of Appeals be heard on the record has been tabled by the County Council. It is currently unclear when and if the legislation will be taken off the record and voted on.
- Residential Green Building Tax Credit
Legislation providing a property tax credit for high performance homes has passed the Council. The legislation applies to “high performance” single family and multi-family homes that meet or exceed the Silver rating of the USGBC LEED for homes standard, or a comparable rating system that the Director of Inspections, Licenses and Permits may adopt by regulation, and lasts for 5 years.
A LEED Platinum or equivalent home will get a 100% property tax credit in year 1, and decreases 25% for each year subsequently until year 5. A LEED Gold or equivalent home will get a 90% credit the first year, and decreases 22% each year until year 5. A LEED Silver or equivalent home will get a 75% credit the first year, and decreases 19% each year until year 5.
The credit is capped at $5,000 per house in any 1 year, but does not have a total program cap as some County’s do.
HBAM and the NAHB Research Center testified that the definition of a High Performance Home should include the ICC-700 National Green Building Standard as equivalent to LEED. Although an amendment did pass that included the ICC-700 in the high performance home definition, the amendment has the condition that the standard must be found equivalent by the Director of Inspections, Licenses and Permits. We did not support this condition and believe it is unnecessary. However, we are confident that the Director will find the standard equivalent.
As a result of this legislation, HBAM has appealed to Delegates Pam Beidle and Cathy Vitale to amend the definition of a High Performance Home in the state property tax article, which only references LEED Silver, to be consistent with the Public Safety article of the state code, which references both LEED Silver and the ICC-700 Silver as High Performance Homes.
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