Planning commission reviews draft ADU ordinance as residents warn of water and impact-fee impacts

POOLVILLE, Md. — The Poolesville Planning & Zoning Commission on July 15 reviewed a staff-drafted accessory dwelling unit (ADU) ordinance intended to implement the state ADU law (referred to in the meeting record as “house bill 14 66”), and heard public concerns about local water capacity and how connection or impact fees will be handled.

The draft presented by staff adopts the state definition with local edits, specifies ADU size by finished area above grade, requires ADUs to be permanently affixed to a foundation, and states that water and sewer allocation for an ADU will be approved by the Town Commissioners, much as the town handles allocations for new construction. "If we don't have water, we won't allocate it," a commissioner said during the presentation, summarizing staff intent to tie ADU approvals to available allocation.

Why it matters: Commissioners must adopt conforming ADU language by Oct. 1, 2026, and the town’s decision on whether to permit ADUs where water allocations are constrained will affect both housing availability and the capacity of the town’s well system.

During the public-comment period, resident Jerome J. Klobikowski warned that mandatory ADU allowances could impose additional demand on the town’s wells and called the state requirement "ridiculous" for municipalities that lack centralized water systems. "The most precious thing we have is water," Klobikowski said, urging the commission to seek exemptions or clear local safeguards.

Resident Frank Jamieson, who also addressed the commission, urged incentives for downtown development and questioned the burden of fees on housing costs. "Those two impact fees represent probably about 17 to 18% of what the cost of that house is," Jamieson said, describing town and county fees included in recent building permits.

Commissioners and staff discussed several compliance and policy questions raised during the meeting: whether an ADU should require owner-occupancy at initial permitting to reduce speculative rentals; how to treat additions that have kitchens vs. additions that do not; and whether to limit ADUs to one per lot. Staff said they will research owner-occupancy models used by other municipalities and recommended adding a one-ADU-per-lot limit to the draft, pending legal confirmation.

Staff emphasized distinctions between "impact fees" as defined under state law and locally charged connection fees, noting that the town may be able to continue charging connection fees even where the state statute limits certain impact fees. The presentation also recommends ministerial review (rather than discretionary review) for ADU permits consistent with state guidance and removes a parking requirement for the existing dwelling unit to avoid triggering parking studies.

Next steps: The commission asked staff to circulate a revised draft by email for comment, and to confirm whether the town can limit ADUs to one per lot. Staff and commissioners agreed to prepare the ordinance for the commissioners’ public hearing schedule so the town can meet the Oct. 1, 2026 conforming deadline.

The meeting included administrative updates and closed without a vote on the ADU ordinance itself.