Evening star., 1951-11-11
By Gene Goodwin


The Upper Montgomery County
Planning Commission will go into
a huddle Wednesday night tc
patch up and probably change
the much-criticized subdivision
regulations proposed for the
northern 70 per cent Of the county
Just how far the commission
will go in compromising with its
outspoken opponents-who asSail
the regulations with words like
"confiscatory" and unreasonable
lis matter for conjecture.
1t is known, however, that the
commission intends to change its
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
regulat tons now read, commission
approval is required for the sale
of any piece of land under five
acres in size, with less than 300
feet frontage along an existing
road, and less than 300 feet aver
age width.
No deed or plat for such a 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 designer trained and
experienced in the layout of sub
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 a public hearing.
Call 1t Westchester Idea.
II 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 sub
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
charge.
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, 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 undertaking 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