(2/2022) Land-use legislation introduced

Frederick County Executive Jan Gardner unveiled three pieces of land-use legislation. One bill would support farmers who want to establish a roadside farm stand to sell their produce and other farm products. The proposal would streamline the approval process for farm stands and allow small farm stands under 600 square feet to be constructed without a building permit. "We know residents want to buy locally produced food, so this proposal is a win-win for everyone," Executive Gardner said. A second bill would establish design criteria and a review process for an emerging industry in Frederick County to ensure that development happens well. The final piece of legislation ensures an open, transparent process to notify the public when a comprehensive rezoning of multiple properties is proposed by the county.

"My goal is to ensure the economic viability of agriculture in Frederick County as we accelerate preserving the best farmland through our preservation efforts," Executive Gardner said, "and, it is equally important that we ensure new development happens well and that we protect our high quality of life and the aspects we cherish most about our community."

Farm Stands - This legislation changes two key areas of the County’s zoning laws. First, it allows value-added processes to take place on parcels as small as 10 acres. Currently, the minimize size is 25 acres. Second, roadside farm stands smaller than 600 square feet would not require a building permit. Stands up to 1,500 square feet would have an expedited review process. To qualify for the streamlined process, at least 51% of products sold at the farm stand must be produced by the owner, and the products must be produced within Frederick County and in the immediate neighborhood of the stand.

Critical Digital Infrastructure - Legislation would establish a new land use category, Critical Digital Infrastructure, for data centers and their associated infrastructure. The use would be permitted on land that is zoned Limited Industrial or General Industrial. The bill defines design guidelines and criteria, such as lot sizes, setbacks, screening, landscaping and building heights. It would set limits on lighting and noise levels, and require strict buffering standards to limit how much of a center can be seen from roads and adjoining properties. An architectural review committee would be established to ensure that future development meets high standards.

Notification for Comprehensive Rezoning - An amendment to zoning law would set standards for public notification when the County proposes comprehensive rezoning of multiple properties, such as a preservation overlay. Signs would be required at intervals where they can be seen by the public, and notifications would be mailed to all affected and adjacent property owners. The notification process for individual property owner or developer applications would remain unchanged.

All three pieces of legislation can be found at ww.FrederickCountyMD.gov/Executive.

FCSO Starts Body-Worn Camera Trials

Frederick County Sheriff’s Office (FCSO) deputies have begin a 12-month trial period of body-worn cameras. These trials are in preparation for the Maryland legislature mandate that all Maryland police officers are to wear body-worn cameras by 2025.

"Now that state law has mandated body-worn camera systems, I want to make sure that we get it right as we establish our program. These trials give us time to make the appropriate decisions on the technology, how we deploy and wear the body cams, and policies about their use by deputies and the potential release of footage when requested," FCSO Sheriff Chuck Jenkins stated. "I do have to remind the public that this will be an extremely expensive program in terms of technology costs and additional staffing for all agencies by state and local governments."

The FCSO Patrol Operations Section includes six different patrol teams and one patrol team at a time will try these cameras over the next year. There are currently two companies, Axon and Motorola, that the FCSO is working with, and deputies will test cameras and the associated software from both during this trial period.

In late 2021 and in preparation for this implementation and trials, the FCSO promoted Sergeant Richard Balsley to the role of FCSO Body-Worn Camera coordinator. Lieutenant Jeff Null, FCSO Training Services commander, will oversee the Body-Worn Camera unit. The new requirement for body-worn cameras will directly affect approximately 190 FCSO deputies and 25 Special Police Officers assigned to the Frederick County courthouse. Null estimates initial start-up costs, including hardware and software, are at least $1.5 million.

For more information on the FCSO body-worn cameras program to include the general capabilities of the camera; limitations; and how to obtain footage, visit this link - www.frederickcosheriff.com/body-worncameras.

Police Accountability Board to Create Transparency for Civilian Complaint Process

After collaborating with municipal elected officials and law enforcement leaders, Frederick County Executive Jan Gardner unveiled legislation to establish a Police Accountability Board. The Board would be charged with overseeing the process for complaints of misconduct made against law enforcement officers who serve in Frederick County’s four local law enforcement agencies: the Frederick County Sheriff’s Office, the Frederick (City) Police Department, the Brunswick Police Department, and the Thurmont Police Department.

The Maryland Police Accountability Act of 2021 requires every county in the state to establish a Police Accountability Board no later than July 1, 2022. Local legislation is needed to define the membership and reporting requirements of Frederick County’s board. Members will be required to go through training provided by the Maryland Police Training and Standards Commission. Many of the details and processes are required by the State law.

"The bill I am proposing balances the competing interests," Executive Gardner said. "The public deserves an open, transparent process for their complaints, and officers deserve a fair review process."

A public process will be used to gather input on the legislation before it is officially introduced. The legislation may be modified based on additional input before the bill is finally introduced in February.