After months of research and debate, the Howard County Council narrowly approved updates this past week for county rules designed to ensure development doesn’t overburden roads, schools and other infrastructure.

The 3-2 vote to revise the county’s Adequate Public Facilities Ordinance brought a warning from a builders’ trade group that the new regulations will shut out development, and criticism from some residents that a loophole would allow growth that would put pressure on schools already too full.

“This legislation is a step in the wrong direction for Howard County,” said Josh Greenfeld of the Maryland Building Industry Association. “It fails to relieve overcrowding, does not hold the school board accountable and will have significant impacts on the county’s budget and ability to perform its service.”

Council Chairwoman Mary Kay Sigaty, a Democrat, and Councilman Greg Fox, a Republican, voted against the bill updating the APFO.

Without development, Sigaty said, the county will struggle to pay for the infrastructure improvements, such as school expansion and roads, putting an added burden on taxpayers.

“People believe that [APFO] is going to solve crowding in schools and traffic on roads, and what I don’t think they see is where the money’s going to come from for these solutions,” Sigaty said after the meeting.

The council had approved changes to the ordinance last November, but that vote was declared invalid when it was determined the vote occurred a day after alegislative deadline expired.

The final version of the bill was amended and includes a provision that could encourage developers to build affordable housing.

The law tightens controls on development by lowering thresholds on formulas that define when schools are considered overcrowded, triggering restrictions on housing construction.

Development won’t be allowed if elementary schools are 5 percent over capacity — instead of the 15 percent that was the previous threshold; middle schools will have a10 percent overcapacity limit; and the update adds high schools to the equation for the first time, stating that if they are 15 percent over capacity, the area around them should be closed for new development.

The updated ordinance exempts some proposals for affordable housing.

Under the changes, a development may be built in an area otherwise closed to construction if at least 40 percent of the units are to be affordable housing.

See COUNCIL, page6