Evening star., 1951-11-11
Upper County
Planning Rules
ace Revision
Montgomery Group
To Meet Wednesday
Over Criticisms
By Gene Goodwin

Oy 1CUS 0OOuWtU
The Upper Montgomery County
Planning Commission will 60 into
"a huddle Wednesday night to
patch up and probably change
the much-criticized subdivision
regulations proposed for the
northern 10 per cent of the county.
just how far the commission
will go in compromising with its
outspoken opponents-whos assail
the regulations with words like
"confiscatory" and unreasonable"
is a matter for conjecture.
1t is known, however, that the
commission intends to change it's
controversial definition of subdi-
vision to allow sales of small par
GELS of land for. strictly agricul-
tural purposes without commits
sion approval.
Thomas C. Kelley, commission
chairman. also indicated that one
other amendment probably will
be made to allow transfers of land
without commission approval for
the purpose of Strengthening out
boundary lines.
Procedure Outlined.
AS the stringent and detailed
regulations now read, commission
approval is required for the sale
of any piece of land under five
acres IN size, with less than 800
feet frontage along an existing
road. and less than 800 feet aver
age width.
No deed or plat for such Sub
division" could be recorded in
county land records without ap-
proval of the commission.
To sell land covered by the reg
|ulations, the landowner would
have to go through this compli-
Gated procedure:
File a preliminary plan "pre-
pared by a designer trained and
experienced in the layout of SUBJ
divisions" which has to be ap-
proved by the Department OF
Public Works, the Washington
Suburban Sanitary Commission
and the Health Department. The
plan would have to be accom-
panied by a notarized affidavit of
ownership and $50 filing fee.
The applicant then would have
to post notice of plans on the
property. insert legal notice in at
least one county newspaper, and
submit to public hearing.
Call 1t Westchester Idea.
If the preliminary plan is ap-
proved, a final plat is submitted.
Then a cash deposit or bond would
be required for any improvements
such as streets. sidewalks, fences
and trees-called for on the SUBJ
division in question.
The whole procedure Is so
lengthy and costly that poor land
owners would not be able to sell
small parcels of land, opponents
argue. Furthermore. they add, the
regulations would be so costly for
big developers that they would be
unable to build any but expensive
homes.
The commission is trying to
make Montgomery into another
WestcheSter IN. " county OF
nothing but big estates, opponents
Icharge.
One of the critics of the regu-
lations, James R. Miller, Rock
vile attorney. figures that a de-
veloper would have to spend at
least $4,000 to $4,000 for each
house in order to build it in COM
pliance with the regulations
which would mean that the house
would sell for about $4,000.
Combats Rural Slums.
The commissions viewpoint, ac-
cording to Mr.. Kelley, is that the
lengthy preliminary procedures
and the Improvement require
ments are designed to discourage
undesirable development and
combat rural slums.
The regulations would encour-
age good development, a commits
sion statement declares, since
every subdivider will be put on
the same competitive basis and
will not be forced, as is often the
case now. to leave out necessary
improvements in order to meet
the type of underwriting competi-
tion which generally breeds rural
sums"
Mr.. Miller sharply attacked that
argument. He declared that the
proposed regulations are the
work of "a few people, who now
have some political Importance in
the county and who recently have
moved out here and purchased
big farms as a 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
available; 20-foot macadam road
surface with unpaved shoulders
feet on both sides; shade trees
on both sides at least every so
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 road
or shoulder.
The proposed regulations, prod
uct OF 10 months work by the
commission. must go to the County
Council for final approval. The
lflve-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 GlIthaim of