MEDIA RELEASE: FROM THE PUBLIC INFORMATION OFFICER

NEWS RELEASE

Mayor Jennifer P. Dougherty

CONTACT: Jeanette Eleff, Public Information Officer, 301-360-3842

FOR IMMEDIATE RELEASE: Thursday, April 25, 2002 (2 pages)

MAYOR DOUGHERTY AMENDS EXECUTIVE ORDER DECLARING A MORATORIUM ON SUBDIVISION PLAT RECORDATION, ANNEXATIONS AND BUILDING PERMITS

Mayor Dougherty today amended Executive Order No.1-02 in order to clarify the terms of the

moratorium on subdivision plat recordation, annexations and building permits in The City of Frederick.

“The intent of the Executive Order issued on February 8, was not to prohibit a homeowner from building a deck or working on any project where no water is required,” stated Mayor Jennifer Dougherty. “An unintended consequence of the Order prohibited the issuance of permits that did not require water, like fences, sheds and decks.”

“The Executive Order was amended to allow staff the discretion to issue building permits in cases where no water is required,” continued Dougherty. “In cases where no additional water is required the amended Order allows applicants to receive a building permit after staff review with Mayor and Board of Aldermen approval. This should alleviate the concerns and frustrations of our citizens considering a home-improvement type project that requires no water.”

The following exemptions were added to the Order:

· subdivision plats recordation and/or approval which do not require any water usage after review and approval by the Departments of Engineering, Permits and Code, Planning and Office of Legal Services;

· building permits for decks, sheds, fences, porches and patios which do not require any water usage after review and approval by the Departments of Engineering, Permits and Code, Planning and Office of Legal Services;

· building permits for replacement in kind and repairs which do not require any water usage after review and approval by the Departments of Engineering, Permits and Code, Planning and Office of Legal Services;

· building permits for improvements to existing sites and/or structures which do not require any water usage after review and approval by the Departments of Engineering, Permits and Code, Planning and Office of Legal Services;

· building permits and/or subdivision plat recordation reviewed by the Departments of Engineering, Permits and Code, Planning and Office of Legal Services and approved by the Mayor and Board of Aldermen upon the finding that no additional water is required.

The Order already included exceptions for any application filed by The City of Frederick and

building permits for which contracts for home construction had been executed prior to the original effective date of the Order.

The Executive Order still allows an applicant to request an emergency exception from the terms of the moratorium. Applicants may request an emergency exception by filing a written request to The City of Frederick, Mayor and Board of Aldermen. The request must contain the following:

· all information required for the issuance of a building permit or the recordation of a subdivision plat;

· sufficient reasons establishing or explaining the emergency;

· proof that the lifting of the restrictions will not violate Section 9-512 of the Environment Article, Annotated Code of Maryland; and

· any other information reasonably required by the Mayor and Board of Aldermen.

After receiving the applicant’s request, the Mayor and Board of Aldermen will hold a public hearing during a Mayor and Board of Aldermen Regular meeting.

After the hearing, the Mayor and Board of Aldermen may grant the emergency exception if it finds that an emergency exists that requires an exception. The Mayor and Board of Aldermen must also find that the exception will be in the best interest of The City of Frederick, that it will not cause any adverse impacts and that it will not be contrary to the provisions of Section 9-512 of the Environment Article or the purposes of the Executive Order.

If the Mayor and Board of Aldermen grant the emergency exception to the restrictions, then the applicant’s request for a building permit or plat recordation will be granted and approved, provided all other requirements have been satisfied.

Copies of the Amended Executive Order are available under the Public Information page on the City’s website www.cityoffrederick.com or at the front desk of City Hall.

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