Development Rights and Responsibilities/ DRRAs

Development Rights and Responsibilities/ DRRAs

Secure public infrastructure contributions from developers
Position In Brief: 

Action to Support:

  • Strategic use of DRRAS for high-density development projects in defined areas, to secure public infrastructure contributions from developers that are significantly greater than would otherwise be required
Position History: 

Studied, adopted 2014.

Statements of Position:

1.  LWVFC opposes

  • extensive use of DRRAs in order to guarantee development ‘rights’, because this hampers the county’s ability to ensure orderly growth.
  • using DRRAs for low-density and greenfield residential development serviced by roads and in areas where roads, schools and other public infrastructure are inadequate.
  • a 20-25-year time frame for DRRAs, which limits the flexibility of future county leaders and developers in reacting to changing conditions.

2. LWVFC supports use of DRRAs that

  • have a strategic purpose to meet a specific capital-intensive public need, such as projects that will support infrastructure for public transportation (transit-oriented development or TOD).
  • are limited to defined zones in the Comprehensive Plan and those identified in the state’s priority funding areas (PFAs).
  • limit freezing laws to include only use, density and intensity without freezing other development laws or fees.
  • be approved for an initial five-year default period, recognizing that longer-term agreements come with risks.

3. LWVFC recommends that each DRRA proposal should

  • provide an analysis, available to the public, that clearly defines the benefits to the county and its citizens beyond what would be provided through the standard development process.
  • define a clear process for extensive public participation, including posting of the land under consideration for a DRRA at the onset of negotiations.
  • include early input to county elected officials from the Board of Education and Frederick County Public Schools staff, as well as other county agencies affected such as Fire and Public Safety, Parks and Recreation, Libraries, and Department of Public Works. This information also should be available to the public.
  • under Charter Government, be considered by the County Council as well as the Executive, with continuing oversight by both.
League to which this content belongs: 
Frederick County