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Montgomery to Curb Flexible Zoning
Dense construction in Clarksburg continues despite state and local inquiries into building code violations.
(By Michael Temchine For The Washington Post)
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"You are down there every day. You know them. You work with them. You respect them," said James A. Soltesz of Loiederman Soltesz Associates, a development engineering and planning survey firm.
But Soltesz and current and former planning officials strongly dispute suggestions that the systems gives a built-in advantage to developers.
"It's a professional planning staff, and they exercise their professional judgment and they are constantly interacting with citizens, lawyers and environmentalists," said Gus Bauman, a former county Planning Board chairman.
Nevertheless, planning officials are hoping to build additional safeguards into the system to address any appearance that developers enjoy too much access. Loehr temporarily revoked planners' ability to make staff amendments to site plans last month until he can review the practice.
And Berlage said he intends to look for ways to make sure "planners take input from everyone, not just people seeking to build."
Underlying the situation in Clarksburg is an increasingly politicized fight between county agencies over who is responsible for enforcing a key feature of site plans, the height and setback rules.
The county code indicates that it is the Department of Park and Planning, operated by the Planning Board. In the mid-1990s, the department received authority from the county and state to issue fines if the site plan agreements are violated.
The planning department says the Department of Permitting Services, overseen by County Executive Douglas M. Duncan (D), is responsible for heights and setbacks once structures are built.
The dispute will be a focus of a County Council hearing Tuesday. Until the matter is sorted out, Duncan has halted the issuance of building permits for projects that require site plans.
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