827 West Washington Street

Hagerstown, MD 21740

Office:301.739.0135

Cell:   301.991.1123

Email:  h.builders@myactv.net

 
Local Issues Updates
The HBAWC monitors issues that will affect not only the building industry, but its clients, those individuals who wish to own a new home.

Please be advised that most of the files available for download are in Adobe PDF format.  This free software may be downloaded by clicking here.

REPORT FROM EXCISE TAX COMMITTEE
The Excise Tax Committee formed by the Board of County Commissioners as required by the Legislation to remove the cap from the current tax rate presented its report to the BOCC on Tuesday, October 9.  To view the report click here, to view the handouts included with the report which show the collection of the excise tax as well as permits issued, please click here.  To view the suggested changes to the current Excise Tax Ordinance please click here.  At the October 9 meeting the Commissioners requested time be scheduled for further discussion on the report. 

 

CHARTER HOME RULE FOR WASHINGTON COUNTY
To read the DRAFT for Public Comment compiled by the Charter Home Rule Board please click here.  For an Executive Summary of the DRAFT please click here.

 

LICENSING OF SALES AGENTS OF NEW HOME BUILDERS- Chapter 274 of the Laws of Maryland 2007 (HB1288) - Includes changes made on July 23, 2007

Effective October 1, 2007, sales agents of new home builders in Maryland must hold real estate licenses issued by the Maryland Real Estate Commission.  There are three categories of licenses issued by the Commission-broker, associate broker, and salesperson.  Salespersons and associate brokers must be affiliated with a real estate brokerage that is headed by a broker.  The broker is responsible for supervising the activities of the salespersons and associate brokers; they in turn offer real estate brokerage services through that brokerage.  The requirements for obtaining these licenses are found on the Commission's website.  The Real Estate Commission and the Home Builder Registration Unit have received a number of questions and their answers can be viewed by clicking here for a PDF paper.  Please keep in mind these questions and answers are provided only for general information, and should not be regarded as declaratory rulings of the Real Estate Commission or legal advice.

TRANSFERABLE DEVELOPMENT RIGHTS CONSULTANT REPORT- To read this report please click here
CITY OF HAGERSTOWN DRAFT 2007 SEWER CAPACITY ALLOCATION POLICY 
The Mayor and City Council have reviewed the attached draft SCAP for 2007. Provided MDE does not have any problems with the draft, we are scheduled to adopt on December 19.  To read the draft policy please click here.
TO READ THE ANSWERS TO THE QUESTIONS SENT TO THE CANDIDATES FOR THE WASHINGTON COUNTY BOARD OF COUNTY COMMISSIONER PLEASE CLICK HERE
BOARD OF EDUCATION DRAFT DEVELOPER FUNDED SCHOOL CONSTRUCTION PROJECTS AND PROPOSED MITIGATION PLANS (10.16.06)
To read the WORKING DRAFT of the above listed plan please click here
CITY OF HAGERSTOWN SUBDIVISION ORDINANCE REVISIONS
The City of Hagerstown will hold a public hearing on Wednesday, August 30, 7pm in Council Chambers on proposed revisions to its Subdivision Ordinance.  Please click here to review the revisions.
COUNTY ADOPTS NEW PLANNING DEPARTMENT FEES
The BOCC at its May 23, 2006 meeting adopted by resolution a new set of fees relating to plan review and services relating to its department.  These fees will take effect on July 1, 2006.  To view these fees, please click here.
COUNTY ADOPTS INCREASE IN PERMITTING FEES FOR BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING
The BOCC at its May 23, 2006 meeting adopted by resolution increases in all permitting fees relating to building, electrical, plumbing and mechanical.  These fee increases take effect on July 1, 2006.  To view these new fees, please click here.

BOARD OF EDUCATION PUPIL GENERATION CALCULATION

Section 5.5 of the Adequate Public Facility Ordinance states: “(d) Pupil generation rates shall be determined using the formulas proposed by the BOE and adopted by the Board of County Commissioners and shall reflect the characteristics of the school attendance area within which the proposed development is located.”

At the December 13. 2005 meeting of the Board of County Commissioners, the Board of Education requested the BOCC adopt new percentages for the calculation of Public Generation from subdivisions.  The BOE is in process of calculating the pupil generation from both existing and new subdivisions.

To read the letter to the BOCC from the BOE on the calculation of these numbers, view the new calculations and see a sample of the data used to determine the numbers, please click here.

BOARD OF EDUCATION DRAFT PROPOSED MITIGATION POLICY
To read the draft of the Board of Education Mitigation Policy please click here.
URBAN AREA APPROVED LOTS-BUILDABLE INVENTORY
Please note - the accompanying documents are in red and are in Adobe PDF format for viewing and printing.  Please le advised the map is a large file and may take a few minutes to open.

As quoted from the BOCC packet for the August 29, 2005 meeting:  "Staff presented the Board with a map a number of months ago showing the major developments within the area in and around the City of Hagerstown. This map indicated the total number of units within each
existing or proposed development. Staff has refined some of this data and wants to update the Board on our findings at this time.  The previous map was designed to provide information as to what major developments were being developed in and around the City of Hagerstown. Previously, the only information was the location of the developments and the total number of dwelling units. The updated map, as of August 15, 2005, has the location of these developments for project both in the county as well as within the City of Hagerstown. Some projects were removed from the previous map, as it was determined that all the units within the development had been completed, and new projects that have been added reflecting new proposals.  Accompanying the map is a chart for both the City and County projects, which outlines the number of lots that have been proposed for development, beginning with ones in the concept stage. The number of potential units in this category totals 9,121. The point to remember here is that many of the projects in this category have been discussed only in the preliminary consultation stage and have not proceeded further in the development process due to issues with schools and or water and sewer. The number of importance is the last number, which is the number of approved lots having final plat approval that have not obtained permits.
This number reflects the number of lots within the developments for which permits could be obtained. At present, the number is 1,538. This number does not reflect the total development potential, but only the lots within these major development within the City of Hagerstown and surrounding areas. Staff will continue to work with the City staff and the Maryland Department of Planning to more accurately define the total development potential within the county.

APFO RELATING TO SCHOOL CAPACITY
Planning Director Mike Thompson presented a new set of revisions to the APFO relating to school capacity and the testing for adequacy.  The biggest change is the addition of section 9 to the APFO, and the removal of the exemption from testing for minor subdivisions. After hearing the proposed revisions the BOCC determined it would hold another public hearing on the revisions.  A date for the hearing has not as yet been set.  To read the revised APFO please click here.
RURAL REZONING TRANSITION POLICY
At its August 23 meeting County Attorney Richard Douglas presented the BOCC with a formal Transition Policy on the rezoning relating to projects in the pipeline.  To read the Transition Policy please click here.
HEALTH DEPARTMENT FEE INCREASE AND IMPLEMENTATION
The Board of Health has requested an increase in current fees and permission to implement new fees.  A public hearing was held on these fees during the BOCC meeting on August 23.  To review these fees please click here.
Revisions to the County Building Related Codes- SEMINARS
On July 12, 2005 the Permits & Inspections Department are scheduled to request that the Board Of County Commissioners approve the adoption of the 2003 International Residential Codes with amendments.  To educate you as to the technical differences between the CABO Code and the 2000 International Residential Code please click here and to see the changes to the 2000 for the adoption of the 2003 Code please click here.  To view To read the local amendments to these Codes please click the appropriate category. BOCA Code, One and Two Dwelling Unit Code, the Electrical Code, the Mechanical Code and the Plumbing Code
Engineering Review Fee Increase
The Engineering Department has requested, and the BOCC have approved an increase in fees associated with the Engineering Department.  The new fees go into effect on August 15, 2006.  The worksheets used to calculate the new fees can be found as follows by clicking on the appropriate link:  Calculated Fees Collected Fiscal Year 2003, Old and New Fee Comparison, Select Project Fee Comparison, Staff Costs.
Building Excise Tax- Rate Revision
The County Commissioners asked for an received legislation to increase the Excise Tax.  The Board is set to discuss changes to the current Ordinance to implement those increases as well as other requirements set forth in the legislation.  The BOCC held a Public Hearing on the revisions to the Ordinance on Tuesday, June 21.  To read the version that was used for the public hearing please click here.
Washington County Infrastructure Development Plan
As part of the budget presentation on Utilities, a presentation made by the Department of Water Quality Department Director Greg Murray as part of his presentation on a rate increase for service, included a request for as stated in the summary of the March 14, 2005 County meeting summary; "Murray also requested implementation of an Infrastructure Management Program which, he said, would offset operational costs through a $400 per Equivalent Dwelling Unit (EDU) charge to be included with water and sewer allocation fees.  Murray also requested a $1,000 per EDU Infrastructure Development Plan fee that would be used to ensure that adequate pumping and transmission infrastructure is available based on projected service area needs."  The official minutes of the meeting state: " He (Murray) also reviewed a proposed infrastructure management program fee for full service customers at Conococheague Wastewater Treatment Plant to be used to offset the administrative costs associated with operating the program and an Infrastructure Development Plan or required regional infrastructure contribution equivalent to a minimum of $1,000 per EDU to be used to ensure that adequate pumping and transmission infrastructure is available based on projected service area needs."  On April 5, 2005, the BOCC held a public hearing on the rate increases which included these new fees.  The measure was adopted by unanimous vote.  There is no transition policy for these fee.  To view the policy published by the County, please click here.  To see the "flow chart" on these fees please click here.
Revised Excise Tax Transition Policy
The Board of County Commissioners is set to revise the current Excise Tax Ordinance to reflect the increase in the tax rate as passed by the Maryland General Assembly.  The increase in the tax rate is anticipated to be in place on July 1, 2005.  The BOCC has directed staff to draft a Transition Policy to be put into place at that time. After the preliminary meeting, County Attorney Douglas was asked to add clarification to the policy.  To view this policy with the latest revisions, please click here.  The BOCC adopted the transition policy to be effective 07.01.05 when the new Excise Tax becomes effective.  It should be noted that any developer with a current APFO Agreement, will have to pay the full Excise Tax amount per unit.  Credit will be given for the amount paid into the APFO.  Discussion is also being held on the possibility of releasing APFO Agreements on a case by case basis.
 
City of Hagerstown APFO
When the County adopts the Ordinance to increase the Excise Tax, HB1272 states that municipalities with APFO's in place may retain the portion of the excise tax collected that is not related to schools.  It is the intention of City staff to recommend to the new Council that it draft and adopt an APFO so it may retain these funds.  To view the letter from the City outlining this intention please click here.  To see the projects within the City that will be affected by this policy, please click here.
 
Washington County School Capacity
The capacity of Washington County schools is being used to determine the approval/disapproval of projects in the County.  To view the School Board Capital Project Schedule and the number of seats these projects are projected to produce, please click here.  To view the school capacity report as issued by the Board of Education as of 09/05 please click here.
 
Policy to Determine the Adequacy of Existing Highways
The County Public Works Department held several workshops and meetings during which the revisions to the policy on the adequacy of existing county highways were discussed.  HBAWC staff and members, as well as other interested parties attended.   Revisions were made to the Policy as a result of these meetings and the revisions to be presented to the BOCC can be viewed by clicking here.  These revisions were adopted by the BOCC on 05.17.05.  The full policy can be viewed by clicking here.
 
Adoption of IRC - International Residential Code
The County is currently in the process of repealing the 1995 CABO ONE AND TWO DWELLING CODE to enact the 2006 FOURTH PRINTING OF THE INTERNATIONAL RESIDENTIAL CODE (IRC).  To revisions may be viewed by clicking here.
 
Electrical Code Revisions
The County is also currently in the process of revising the Electrical Code in the County,  To read the Local Amendments for Washington County to the 2005 National Electrical Code please click here.
 
City of Hagerstown Sewer Capacity Issue
The City of Hagerstown is in the process of complying with the requirements of MDE concerning its allocation of sewer policy relating to its wastewater plant.  A meeting was held for interested parties.  HBAWC staff and members attended.  To view the documentation received concerning this meeting please click the appropriate file:  Letter concerning the meeting, Administrative Policy, Effect of Policy on Projects in the Pipeline and Timeline for Implementation.  During the meeting City staff explained that while the current interim policy allows for allocation to 25 units in new sub-divisions and 40 units in existing sub-divisions, this is meant to be on a 6 month basis and they will be recommending to the Council that when this Policy is adopted that this amount be 50 and 80 per year.