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HCPSS / POLICIES

Policy 6000 Implementation Procedures - Site Selection and Acquisition

Policy Document

Implementation Procedures

I. Planned Acquisition and Unforeseen Opportunities

The Superintendent will include any plans to acquire sites in the annual capital budget and five-year capital improvement program for Board approval once a year. In the event of an unforeseen opportunity for site acquisition, the Superintendent will make a separate recommendation to the Board.

II. Acreage for School Sites

The desirable size in usable acres for school sites is indicated in the table below. A school may have to be accommodated on acreage that is below the indicated desirable size in certain circumstances.

School Level: Elementary School (K-5)

  • Desirable Size in Usable Acres: 10 + 1 acre for each 100 pupils

School Level: Middle School

  • Desirable Size in Usable Acres: 20 + 1 acre for each 100 pupils

School Level: High School

  • Desirable Size in Usable Acres: 30 + 1 acre for each 100 pupils

III. Acquisition of a Site

  1. Based on the standards noted in the policy, a provisional site or sites will be selected by the Superintendent and recommended to the Board in closed session. The Board will direct the Superintendent to obtain the advice of the Site Review Committee on provisional site(s) it approves.

  2. The Superintendent/designee will obtain the advice of the Site Review Committee for provisional sites approved by the Board. At the meeting the Superintendent/ designee will provide relevant school planning and site information to facilitate a discussion of the regulatory review and any known pros or cons of the site. The committee will prepare recommendations for the Superintendent and the Board.

  3. The Superintendent/designee will develop a timeline that incorporates all applicable review procedures and review this schedule with parties to the transaction. This timeline will include:

    1. Site Inspection by Maryland Department of Planning

    2. Review by the Maryland State Clearinghouse for Intergovernmental Assistance

    3. Review by the State Interagency Committee for School Construction (IAC).

  4. The Superintendent/designee will employ two independent qualified appraisers to place a value on the property.

  5. In closed session, the Board will consider the report of the Site Review Committee and the recommendation of the Superintendent on the provisional site or sites and make a decision whether to move ahead with a public vote on site acquisition.

  6. After the Board gives preliminary approval to a site, a public hearing will be held in accordance with Section 4-116 of the Education Article.

  7. The Superintendent will submit the property for state review according to the timeline.

    1. Guidance for gaining approval is addressed in the Maryland Public School Construction Program Administrative Procedures Guide.

    2. A site inspection by Maryland Department of Planning staff is required.

    3. A review by the Maryland State Clearinghouse for Intergovernmental Assistance is required.

  8. The Superintendent/designee will negotiate with the owners of the property for its purchase, using as a guide the appraised value. The representative of the Superintendent may be a staff member, an attorney, a real estate agent, or such other person as the Superintendent may designate. The Board will at all times provide direction as to acreage desired, maximum price to be paid, a time within which the property will be acquired, and such other particulars as are the Board’s responsibility to determine.

  9. When agreement on terms has been reached, a contract of sale will be prepared and executed. The Board may request its attorney to assist in this step.

IV. Unsuccessful Negotiations

In those cases where negotiations appear to be unsuccessful, the Board may request that the Superintendent proceed with further action as necessary. This may take the form of further attempts at negotiations or immediate action to file condemnation proceedings.

V. Reservation of a Site

The Superintendent may recommend reserving a site for future acquisition. Reservation of a site may occur in two ways under Howard County Subdivision and Land Development Regulations:

  1. New Town Zoning (Current Applicable Only to Columbia)

    Under new town zoning, a site may be reserved for an unlimited time as dedicated open space for a school site. In this instance, the owner/developer of the subdivision, usually a planned community or other large scale development, is willing to forgo any future development rights for open space credits and retains ownership until the Board at its prerogative acquires the property.

  2. Other Zones

    In all other zones, a site may be reserved for a limited period of time from the date of recordation of the final plat as a reserved parcel for a school site. The Howard County Subdivision and Land Development Regulations currently limit this period of time to three (3) years. This process allows the Board time to evaluate the need, suitability, and/or availability of alternate sites before it commits itself to acquisition of a parcel tentatively identified as a possible future school site in a larger tract/subdivision that an owner/developer wants to subdivide/develop immediately.

VI. History

ADOPTED: October 12, 1989

REVIEWED: July 1, 2014

MODIFIED:

REVISED: March 13, 2008

EFFECTIVE: July 1, 2008