Submitted by: Councilmembers Denes, Solomon, Schaible, and Redmond
Submitting Department: Legislative
Agenda Section: Discussion
Item Title:
title
HOA Trash Collection and City Engagement
end
Suggested Action:
recommendation
For Discussion
end
Summary Background:
Requested actions:
1. Update City Ordinance: Draft an ordinance amending Hyattsville City Code §65-1(B)(1) to align with Prince George's County Zoning Code definitions of single-family residences. This will explicitly include all permitted single-family dwelling types in RSF-65 and RSF-A zones: single-family detached, two-family, three-family, and townhouses.
2. Establish HOA Ad-hoc Advisory Committee:
◦ Create an ad-hoc HOA Advisory Committee with representation from all HOAs within the city limits.
◦ The committee will: Identify unique challenges faced by HOAs. Determine if HOAs wish to transfer certain roads or alleys to the city.
◦ The committee will submit its findings to the council within six months of its formation.
3. Develop Transition Plan:
◦ Develop a transition plan for roads and alleys identified in item 2, including cost and timeline estimates.
◦ Submit the plan to the council for consideration.
4. Update Development Policies:
◦ Modify all development policies to require that all new roads and alleys, including those built by private developers, meet public standards and are transferred to the city upon development completion.
◦ Incorporate this requirement into project evaluations requiring input from MNCPPC or the District Council.
The first sentence of Hyattsville Code §65-1(B)(1) currently reads The City shall collect or cause to be collected trash only from properties with single family homes (including duplexes and triplexes). There are effectively two single family zones within the City of Hyattsville that include housing type included as part of the enumerated housing types in Hyattsville Code §65-1(B)(1). Within the Prince George's County Zoning Code, these housing types are Residential, Single-Family-65 (RSF-65) and Residential, Single-Family-Attached (RSF-A). On properties within these zones, single-family detached (RSF-65 & RSF-A), two-family (RSF-A), three-family (RSF-A), and townhouse (RSF-A) dwellings are permitted by right. The City code’s current language is inconsistent with the county zoning code and thus needs to be specific and updated to be consistent with the language used by zoning. To ensure consistency with zoning language and clarify what services the city will offer single family dwellings (detached, two-family, three-family, and townhouse) the language should be updated such that the first sentence of §65-1(B)(1) reads: The City shall collect or cause to be collected trash only from properties with single-family dwellings (single-family attached, two-family, three-family, and townhouse dwellings). As many of our new developments within the incorporated limits consist of townhomes, it is vital that prospective buyers and homeowners have clear expectations of what refuse collection services the city will provide.
Next Steps:
Council to authorize City Attorney to draft the legislation. In order to establish an Ad-Hoc HOA Committee, the Council must adopt a committee worksheet. Upon authorization to establish the committee, a staff member will be designated as the staff liaison to the committee and staff will begin outreach to appoint committee members.
Fiscal Impact:
Undetermined. The addition of private roadways will require evaluation of costs, including staffing, materials, equipment, timeline, contracts. Cost estimate between $400k to $1M to be determined.
City Administrator Comments:
1. Update City Ordinance:
STAFF FEEDBACK:
Staff is supportive of the proposed changes to Chapter 65 with the following recommended changes:
The City shall collect or cause to be collected trash only from properties on or that front public roads with single-family dwellings (single-family detached, two-family, three-family, and townhouse dwellings). Private roads that are deemed necessary for the public benefit by the City Council can be considered for city trash services based on criteria established by the department of public works and approved by council.
Staff also recommend the City establish a policy to detail specific road standards for private roads that will be provided with trash service by the City. Clarifying language regarding the acceptance of roads and provision of services should also be incorporated into Chapter 65.
In addition, staff recommends incorporating clarifying language into section C7-5 of the Charter regarding the standards for acceptance of public roads.
Section C7-5 EXISTING LANGUAGE: No street, avenue, road or alley shall be accepted until the same has been graded and graveled or paved, provided that, whenever the City Council shall determine it to be necessary for the public benefit that any unaccepted streets, avenues, roads or alleys should be taken over by it, it shall take supervision and control of the same and do such repair and construction work therein as it may deem proper.
PROPOSED LANGUAGE:
No street, avenue, road, or alley shall be accepted into the City’s maintenance system until the same has been properly graded and either graveled or paved, in full compliance with the administrative regulations and standards for road acceptance as established by the Department of Public Works. If the City Council determines it to be necessary for the public benefit that an existing unaccepted street, avenue, road or alley should be accepted by it, it will consider whether supervision and control of the same and repair and construction work therein is deemed proper.
2. Establish HOA Ad-hoc Advisory Committee:
STAFF FEEDBACK:
Staff is supportive of the proposed establishment of an HOA Ad-hoc Advisory committee and recommend that the Director of Public Works or departmental staff liaison serve and provide guidance to the advisory committee’s findings. The staff will establish criteria for acceptance and the committee liaison shall evaluate the applicability, feasibility, and alignment of the committee’s recommendations with City policies, engineering standards, and resource capacities, and make a recommendation to City Council.
3. Develop Transition Plan:
STAFF FEEDBACK:
Staff can develop a transition plan based on Council feedback on the findings and recommendations of the HOA Ad Hoc Advisory Committee. This transition plan with cost estimates and logistical considerations will be presented to Council for consideration, timeline, and possible adoption.
4. Update Development Policies:
STAFF FEEDBACK:
Staff is supportive of the proposed modifications to development review standards however any request to modify development policies to require that all newly constructed roads and alleys-including those developed by private entities-meet public road standards and be transferred to City ownership upon completion may only be presented as a recommendation to Maryland National Capital Park and Planning Commission and District Council. This limitation is due to the fact that the City does not possess direct land use or zoning authority.
As such, while the City may advocate for the adoption of said standards, any binding changes to the development policies or requirements must be initiated and approved through the appropriate land use authority. The City may, however, participate in the interagency coordination, provide technical input, and formally advise the District Council and MNCPPC on matters related to road construction and acceptance.
Community Engagement:
HOA Advisory Committee participation
Strategic Goals:
Goal 2 - Ensure the Long-Term Economic Viability of the City
Legal Review Required?
Pending