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 Issues1,000 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 SpeciesFederal 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: www.mde.state.md.us• State Planning Issues: www.mdp.state.md.us• State Natural Resource Issues: www.dnr.state.md.us• Critical Area Commission: www.dnr.state.md.us/criticalarea/• 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