Office to investigate Clarksburg housing

The Montgomery County Council has ordered the Office of Legislative Oversight to investigate whether developers or county officials are responsible for 535 Clarksburg houses constructed in violation of building codes.

Council member Steven A. Silverman, at-large Democrat, said yesterday that the council followed proper procedures Tuesday in submitting the case to the oversight office and denied reports that members had committed to hiring an outside investigator.

The Clarksburg Town Center Advisory Committee uncovered the violations last year. The residential group was shocked by the council’s decision not to use an outside auditor, said co-chairwoman Amy Presley.

“We were horrified,” she said.

Mrs. Presley said the committee supports the oversight office’s inquiry but thinks it is insufficient.

“The [review] is a step, and we don’t want to condemn that step,” she said. “But it’s not going to take care of the immediate issue.”

The oversight office, which reports to the nine-member council but functions independently, will investigate why the Clarksburg Town Center houses exceed height and setback limits.

The county’s planning board said last week that 433 town houses exceed height restrictions, and 102 houses are too close to the street. The board will meet July 28 to determine whether to fine developer Newland Communities and four builders.

Mrs. Presley also said the committee has documented other violations, including the elimination of a memorial to town founder John Clark.

The county planning board has not decided whether to consider the additional issues at its July 28 meeting, she said.

The developer has prepared an amendment to the site plans that would accommodate all of the violations, Mrs. Presley said.

Mr. Silverman, chairman of the council’s Planning, Housing and Economic Development Committee, said the planning board must complete its review before the council can act.

The council also asked the board and the county’s Department of Permitting Services on Tuesday to conduct a separate review of subdivisions approved since 2002 to determine whether they were built according to plans.