Evening star., 1951-11-11

moved out here ana purchased
big farms as hobby"
These people," he added. don't
want small homes next to Their
big farms"
Up to Council for Approval.
The improvements which the
regulations would require on an
average subdivision include: pub.
lie water and sewer facilities, il
availabless 20-foot macadam roao
surface with unpaved shoulders
feet on both sides; shade trees
on both sides at least every &C
feet: storm water drainage: walls
slopes and fences wherever neces-
sary; surveyors monuments. and
the sodding or seeding Of slopes
and portions of the right Of way
not otherwise occupied by the roac
or shoulder.
The proposed regulations. prod
uct of 10 months work by the
commission. must go to the County
Council for final approval. The
five-man commission was ap-
pointed by the council only last
year and this is its first concrete
proposal.
One of the leading commission
members, Frederick Gutheim Of
Dickerson. sees the controversy
as disagreement between people
who want to be able to exploit
their property without restraint
and people who want protection
for themselves, their property and
the community"
Land Reserve Provided.
Mr.. Gutheim is chairman of
the Washington Regional Plan
ming Council and assistant direc-
tor Of the American Institute Of
Architects. In his recent book.
The Potomac" he makes a plea
for careful planning in the rural
areas around Washington.
Another majcr bone Of conten-
ton is the provision in the regula-
tions giving the commission power
to reserve land for public use in a
proposed subdivision for a period
of three years. During that time.
the landowner could not use the
land and he would not have to pay
taxes on it.
That provision is similar to the
one adopted last June by the
Maryland-National Capital Park
and Planning Commission. which
has subdivision jurisdiction in the
urban areas of both Montgomery
and Prince Georges Counties.
The reservations could be made
for road rights-of-way, school and
other public building sites. areas
for protection Of water supply and
drainage, recreation areas and
other public purposes.
Reservation Time Needed.
Mr.. Kelley explained that land
which the commission decided to
reserve would be purchased from
the owner whenever possible. II
the owner baked. the regulations
give the commission power to ac-
quire the land by condemnation.
Mr.. Kelley admitted that q
three-year reservation period Is
somewhat lengthy and could work
a hardship in some cases. but he
said it was written that way be-
cause it often takes governmental
agencies some time to get ap-
funds. For instance. II
the land is reserved for a school
site, he added, the school board
might have to wait a year or two
before it receives the funds to
purchase the site.
Opponents have attacked this
provision as unconstitutional. The
park and planning commissions
regulation to that effect has never
been tested. AS a matter of fact,
it has not even been enforced as
yet, since that agency has always
been successful In persuading sub
division developers to voluntarily
set aside necessary land for pub
lie use.
Mr.. Kelley said the reservation
authority is used in many other
Jurisdictions around the country.
Detailed Rules Are Hit.
One of the other major criti-
cisms leveled by some 500 persons
who protested the proposed regu-
lations at a hearing in Rockville
last Wednesday night is that the
subdivision rules for the predom-
inantly rural upper county would
be far more strict than those i'm
posed in the urban area by the
Park and Planning Commission.