1 HOW DID IT ALL START? THE CONCEPTION AND BIRTH OF A COMMUNITY PART 1: THE PLANNING, ENGINEERING, CONSTRUCTION AND LEGAL ESTABLISHMENT OF A NEW COMMUNITY

In the Beginning....

Land Owner. Developer. Home Builder. Consultants. –Lawyers –Civil Engineers and Technical Consultants Environmental, Traffic, Geotechnical/Soils, Archeologists Lenders. The Development Team

The Property Can be one or more parcels. Can be one or (typically) more owners. Has a number of physical and legal constraints which restrict and guide how it can be developed into a community. Each Property has a history. Geology, biology, archeology, ownership, zoning. Each historical component influences what can be built, and where.

The Surrounding Community Neighbors (pro-growth, no-growth, and the fence sitters). Local and Regional Community Associations. County (included elected officials). State (including elected officials).

Master Planning Considerations General Development Plan/Comprehensive Plan (Required by Maryland Code. Annotated, Land Use Article). Master Water and Sewer Planning. (Counties, with MDE and MDP Review) “Priority Funding Area” Designation. “Growth Tiers”.

Zoning and Development Considerations Is the Zoning Appropriate? –How Much Density? –Minimum Lot Size/Clustering –Required Open Space Is Water and Sewer Available. If not, is Well and Septic Appropriate? Are Public Facilities Adequate? –Traffic, Schools

Legal (Title) Considerations Restrictive Covenants/Use Restrictions –Use Restrictions (e.g., “no residential use”) –Restrictions on density, access, lot size, etc. (no lots smaller than 1 acre) Easements –Conservation Easements –Utility Easements –ROW/Access Easements –Prescriptive Easements and Rights

Environmental Considerations Non-tidal Wetlands. Tidal Wetlands. Critical Area Designations. Rare/Threatened/Endangered Species. Forest Conservation Act/Specimen Trees. Floodplains and Floodways. Topography/Stormwater Management. Streams. On-site Contamination/Site History.

Non Tidal Wetlands Issues Who is Regulator? NTW/NTWSSC and Associated Buffers Permitting Considerations Attribution: Anne Arundel County Watershed Restoration and Protection Program

Critical Area Issues 1,000 Feet from Tidal Waters Density Restrictions Buffers and Habitat Protection Areas Lot Coverage Restrictions Water Dependent Use Exceptions Attribution: Maryland Critical Area Commission for the Chesapeake and Atlantic Coastal Bays

Rare Threatened and Endangered Species Federal Issues State Issues Bald Eagle Protection Issues Listeria australis, Southern Twayblade, S3 “Watchlist” Species

FOREST CONSERVATION ACT FSD/Priority Preservation Areas Reforestation/Afforestation Requirements Specimen Trees Mitigation

STORMWATER MANAGEMENT ESD to the MEP Topography Stormwater Management Facilities County Stream Restoration Efforts Attribution: Anne Arundel County Watershed Restoration and Protection Program

Cultural Resources Historic Structures. –National, State, and County Resources –Civil War Battlefields Cemeteries. Archeological Resources. Viewshed Issues.

Other Considerations Airport Considerations. –Extra Layer of Review –Height Limitations –Airport Master Planning issues Brownfields Redevelopment. State and Federal Regulatory Approvals for Certain Types of Developments.

Market Considerations Is there demand? Neighborhood Demographics – Who is Target Homebuyer? Anticipated sales price. Land costs. Consultant costs. Market Risk/Timing Considerations. Profit. Regulatory Risk (Vesting Issues). Political Risk.

The Development Process Sketch Plan Review. Preliminary Plan Review. Final Plan Review. Public Works Agreements and Bonding Final Record Plat. Bonding and Permits. Construction of Public and Private Infrastructure. Construction of homes. Turnover to Community

Preliminary Subdivision Considerations Number of Units. Open Space. Recreational Facilities. Road Layout. Utility Layout. Stormwater Management. The entirety of legal, site, community, and market considerations.

Discretionary Approvals Variances/Modifications. Special Exception Approvals. Planned Unit Developments.

Public Improvements Includes sewer, water, electric, stormwater management, off-site road and lighting improvements, school construction, etc. that is not within the “private” portion of the community. Responsibilities Set Forth in Public Works Agreement. Bonding and Security.

Private Improvements Private Roads. Private Community Facilities. Private Stormwater Management. Tennis courts, club houses, golf courses, etcetera. Improvements Require Grading and Building Permits. Bonds and Security.

Home Construction Often, homebuilder is not the same entity as the developer. There may be multiple home builders. Typically, individual Single Family Homes are permitted and bonded separately from public and private infrastructure.

Formation of Homeowners’ Association Subject to the Maryland Homeowner’s Association Act. Developer Establishes the Corporate Entity and Appoints Initial Board. Governed by Recordation of a Declaration of Covenants, Conditions and Restrictions. Control of HOA at first rests with Developer, and is turned over to the HOA.

Permitting, Construction and Bonding Issues Public and Private Infrastructure. Individual Homes. When are Bonds Paid? When are Bonds Released?

CAI RESOURCES Please refer to the CAI National's Best Practices Report on Transition for further information on this program topic State Environmental Issues: State Planning Issues: State Natural Resource Issues: Critical Area Commission: Lead Local Land Use Agencies: Individual Counties –Anne Arundel County Office of Planning and Zoning –Baltimore County Department of Planning –Baltimore City Planning Department –Howard County Department of Planning and Zoning –Prince George’s County Planning Department/MNCPPC –Montgomery County Planning/MNCPPC