Montgomery County comprehensively reviews and updates its Subdivision Staging Policy (SSP) every four years, and this year is an update year. The County Planning Department commenced its update process last fall and, despite the recent challenges created by the pandemic, the 2020 SSP Update is moving forward and may affect your projects.
By way of background, the Montgomery County Adequate Public Facilities Ordinance (APFO) adopted in 1973 requires the Montgomery County Planning Board to make a finding that public facilities are adequate before the Board can approve new development. The SSP adopted by the Montgomery County Council provides the Board with the necessary criteria and technical guidance in order to make that finding.
The County uses the APFO and SSP as tools to prevent new development from outpacing the public facilities necessary to support existing and proposed development. While the SSP technically looks at water, sewer, police, fire, and health services as well, it typically focuses on two major considerations when it comes to proposed new development:
- Whether transportation facilities are adequate to support the projected transportation demand from the project, and
- For residential developments, whether there is adequate school capacity to support the students anticipated to be generated by the development.
The SSP is critical not only for evaluating individual projects but for establishing a general County-wide growth policy. If the Board cannot make a finding of adequacy then a proposed project can be denied. Additionally, certain areas of the County may be placed in development moratoria – this happened to several school clusters last year due to inadequate school capacity. The SSP also influences policy area designations that are used for the calculation of Development Impact Taxes.
Based on the current schedule, we anticipate that Planning Staff’s draft SSP recommendations will be issued in the very near future, on May 7. Shortly thereafter, on May 14, Staff is expected to brief the Planning Board. A public hearing is tentatively scheduled for June 11, though that could change. If the current remote procedures on public hearings continue into June, then the public hearing will likely be held virtually. A Planning Board work session is scheduled for June 18, and by law, the Planning Board must transmit its Planning Board Draft of the SSP to the County Council by August 1. The Council must adopt the SSP by November 15.
Lerch, Early & Brewer’s land use practice group is closely monitoring this year’s SSP process and will provide more information in coming weeks about its potential implications for residential and commercial development in the County. In the meantime, for further information on the SSP or to understand how to engage in these important policies, please contact one of our
land use attorneys
.