HARRY HUGHES, Governor

4027

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed House Bill 1183 which changes
the procedures applicable to cluster development in Prince
George's County.

The goal of this legislation reflects a concern, shared by
myself, the Prince George's County Delegation, the county
government and many citizens, that cluster development be
accomplished in a manner that maintains and, to the extent
possible, improves the quality of life in Prince George's County.
This veto, requested by the County Executive and Council
President, is made with their written assurance that in the near
future meaningful reforms in the cluster development process will
be enacted into law by local ordinance (copies attached).
Mindful that Prince George's County is a charter home rule county
and subject to the Regional District Act, I believe it
inappropriate to sign into law, at this time, a public general
law in this traditional area of local concern.

Specifically, the bill restricts the use of cluster
development by altering the application of this subdivision
technique. It requires that clustering, which is now an optional
method of subdividing land in three zoning categories in Prince
George's County, could only occur upon a rezoning of the
property. In order to obtain this rezoning the property owner
must demonstrate that there is a substantial change in the
character of the neighborhood or a mistake in the zoning
classification.

The laws governing the use of cluster development have been
established at the local level. In May, 1970, the County
Commissioners for Prince George's County, sitting as District
Council, adopted a resolution authorizing cluster development in
certain residential zoning categories in the County. Those
provisions, now codified as § 24-137 of the Prince George's
County Code, specify the purpose and potential benefits of
cluster development as compared to conventional development:

"The purpose of cluster development is to permit a
procedure for development which will result in
improved living and working environments; promote more
economic subdivision layout; encourage a variety of
types of residential dwellings; encourage ingenuity
and originality in total subdivision and individual
site design; and which can preserve open space to
serve recreational, scenic, and public service
purposes, and other purposes related thereto, within
the densities established for the cluster net tract
area."

In order to achieve these goals, the local ordinance
provides:

(1) Variations in net lot areas;