A.
The Mayor and Council of Snow Hill derives authority for this article by virtue of its conformance with provisions of the State of Maryland Enabling Act for Historic Area Zoning Land Use Article, Title 8, §§ 8-101 through 8-501, as amended. The boundaries of the Snow Hill Historic District are shown on the Official Zoning Map referred to in § 200-12. The Mayor and Council of Snow Hill may modify boundaries for landmarks, sites, structures, or historic districts of historic or architectural significance following the procedures for establishing or changing zoning districts and classifications as provided in § 200-134.
B. ADAPTIVE REUSE ALTERATION APPURTENANCES AND ENVIRONMENTAL SETTINGS CERTIFICATE OF APPROPRIATENESS CONTRIBUTING BUILDING CONTRIBUTING SITE CONTRIBUTING STRUCTURE DEMOLITION BY NEGLECT (1) (2) EXTERIOR FEATURES HISTORIC AREA WORK PERMIT HISTORIC DISTRICT LANDMARKS RECONSTRUCTION RESTORATION SITE STRUCTURE
Definitions. For the purpose of the Historic District Article, the following definitions will be used:
The process of reusing an old site or building for a purpose other than which it was built or designed for.
Any exterior change that would affect the historic or architectural significance of a designated site or structure, only to the degree that it is visible or intended to be visible from a public way. This would include but not be limited to construction, reconstruction, moving or demolition.
All grounds and structures thereon which surround a designated site or structure and to which it relates physically or visually. Appurtenances and environmental settings shall include, but not be limited to, walkways and driveways (whether paved or not), trees, landscaping, pastures, croplands, waterways, open space, setbacks, parks, and public spaces.
A certificate issued by the Historic District Commission indicating its approval of plans for the construction, alteration, reconstruction, moving, or demolition of an individually designated landmark or a site or structure within the Historic District.
A building identified by the Town within an historic district that contributes to the historic character of the district.
A site identified by the Town within an historic district that contributes to the historic character of the district.
A structure identified by the Town within an historic district that contributes to the historic character of the district.
Any willful neglect in the maintenance and repair of an individually designated landmark, or site or structure within the Historic District, not including any appurtenances and environmental settings, that does not result from an owner's financial inability to maintain and repair such landmark, site, or structure, and which results in any of the following conditions:
The deterioration of the foundations, exterior walls, chimneys, roofs, doors, or windows, so as to create or permit a hazardous or unsafe condition to exist; or
The deterioration of the foundations, exterior walls, chimneys, roofs, doors, or windows, the lack of adequate waterproofing, or the deterioration of interior features which will or could result in permanent damage, injury, or loss of or loss to foundations, exterior walls, chimneys, roofs, doors, or windows.
The architectural style, design, and general arrangement of the exterior of an historic structure, including the nature and texture of building material, and the type and style of all windows, doors, light fixtures, signs, or similar items found on or related to the exterior of an historic structure.
A permit issued by the Code Enforcement Office of the Town of Snow Hill upon receiving a certificate of appropriateness from the Historic District Commission for all projects that Snow Hill conducts, assists, licenses, or permits that affect properties within the designated district or individually designated sites or landmarks.
A significant concentration or continuity of sites or structures united historically, architecturally, or culturally by plan or physical development. An Historic District shall include all property within its boundaries as defined and designated by the Mayor and Council of Snow Hill.
Any designated site or structure outside the boundaries of an Historic District that is of exceptional historic or architectural significance.
The process of reproducing by new construction the form and detail of a vanished structure, or part thereof, as it appeared at a specific period of time.
The process of accurately recovering the form and details of a property as it appeared at a specific period of time by means of removal of later work and the replacement of work missing from that period.
The location of a structure which possesses historic, architectural, or cultural significance. Historic significance can be local or national.
A combination of material to form a construction that is stable, including but not limited to buildings, observation towers, water tanks, radio towers, trestles, bridges, piers, paving, bulkheads, wharves, sheds, coal bins, shelters, fences, and display signs visible or intended to be visible from a public way. The term "structure" shall be construed as if followed by the words "or part thereof."
C.
Establishment of the Snow Hill Historic District Commission.
(1)
The Mayor and Council of Snow Hill will create a commission to be called the "Snow Hill Historic District Commission."
(2)
The Historic District Commission shall consist of at least five members appointed by the Mayor with the approval of the Council. All members shall be residents of the Town of Snow Hill. Each member shall possess a demonstrated interest, specific knowledge, or professional or academic training in such fields as history, architecture, architectural history, landscape architecture, historic preservation, planning, conservation, urban design, civil engineering or related disciplines. One member shall be a current member of the Snow Hill Planning and Zoning Commission.
(3)
The requirement for Commission membership under the category of demonstrated special interest may be satisfied either by formal training in one or more of the fields listed in Subsection C(2), or active membership in a preservation-related organization. The specific knowledge requirement may be satisfied by formal post-secondary education, employment or practical experience in one or more of the above-listed fields. Professional or academic training requires, at a minimum, two years' experience as a professional or a Bachelor's degree in one of the above-listed fields.
(4)
Commission members shall be appointed for terms of three years, except that the terms of the initial appointments shall be staggered so that three members shall serve terms of three years and two members shall serve terms of two years, so that not more than three appointments shall expire in a given year. Commission members may be reappointed.
(5)
The Commission shall elect from its membership a Chairperson and Vice Chairperson. The Chairperson and Vice Chairperson shall serve two-year terms and be eligible for reelection.
(6)
Any vacancy in the membership of the Commission caused by the expiration of a term, resignation, death, incapacity to discharge duties, removal for any cause, or any other reason, shall be filled for a new term, or the remainder of the term for which there is a vacancy, as the case may be, by appointment by the Mayor with the approval of the Council. The vacancy shall be filled within 60 days. In the case of expiration of term, a member may serve until a successor is appointed. Unexcused absence at three consecutive meetings shall constitute resignation by the member and shall create a vacancy.
(7)
A simple majority of the Commission shall constitute a quorum for the transaction of business, and a majority vote shall control the action of the Commission.
(8)
The Commission shall hold such meetings and hearings as necessary to discharge its duties.
(9)
Consistent with the Town of Snow Hill's policies and procedures, employees may be assigned to assist the Commission, and such services and facilities shall be made available as the Town deems necessary or appropriate for the proper performance of its duties.
D.
The Snow Hill Historic District Commission shall have the following powers and duties:
(1)
To consider any application for a certificate of appropriateness for permission to construct, alter, reconstruct, move, or demolish a landmark, site or structure. After careful review, in accordance with § 200-14F, the application will either be accepted or rejected. The decision will be made within 45 days from the date the completed application was filed with the Town's Code Enforcement Office;
(2)
Consistent with Snow Hill's Charter, ordinances, resolutions, policies, and local public law regarding the acceptance and use of gifts by public officials, to accept and use gifts for the exercise of its functions;
(3)
To prescribe appropriate rules and regulations for transaction of its business;
(4)
To advise the applicant of the tax incentives that may be available to the applicant and to assist, when possible, in the acquisition of the necessary forms;
(5)
To adopt rehabilitation and new construction design guidelines and criteria for construction, alteration, reconstruction, moving, and demolition of designated landmarks, sites and structures which are consistent with the Secretary of the Interior's Standards for Rehabilitation. Guidelines may identify categories of changes that, because they are minimal in nature, do not affect historic or architectural significance and therefore do not require review by the Commission. They may also include a list of houses within the Historic District that are considered noncontributing and are subject to less stringent criteria than contributing houses;
(6)
Consistent with Snow Hill's Charter, ordinances, policies, and public law governing the acquisition of easements, to accept or otherwise acquire historic preservation easements on designated landmarks, structures, or sites;
(7)
May, after making full and proper study, recommend modification of boundaries for landmarks, sites, structures, or historic districts of historic or architectural significance; and
(8)
May designate the Maryland Historical Trust to make an analysis and report recommending the preservation of sites, structures, or districts of historic, architectural or cultural significance within the Town of Snow Hill. The report may include proposed boundaries of sites, structures, or districts as well as recommendations for the identification and designation of particular sites, structures, or districts to be preserved.
E.
Certificate of appropriateness. An application for a certificate of appropriateness should be obtained from and filed with the Code Enforcement Officer, before the exterior construction, alteration, reconstruction, moving, or demolition of a designated landmark, or a site or structure within the Historic District, which is visible or intended to be visible from a public way, is undertaken. Every application shall be referred to and considered by the Commission. An application which is identical to a rejected application shall not be resubmitted within a period of one year after the rejection. No certificate of appropriateness shall be granted until the Commission has acted.
F.
Application review. In reviewing plans for any such construction or change the Commission shall consider:
(1)
The historic or architectural significance of the structure, site, or landmark and its relationship to the historic and architectural significance of the surrounding area.
(2)
The relationship of the exterior architectural features of the structure or landmark to the remainder of the structure or landmark.
(3)
The general compatibility of the proposed exterior design, scale, proportion, arrangement, texture, and materials to the landmark, site or structure and to the surrounding area.
(4)
Any other factors, including aesthetic factors, which the Commission deems to be pertinent.
(5)
Whether the site or structure is determined to be of historic or architectural significance. The Commission shall be strict in its judgment of plans for such sites or structures and lenient in its judgment of plans for those sites or structures of little historic or architectural significance, particularly those structures less than 50 years old.
(6)
If plans are submitted for construction, reconstruction, alteration, moving, or demolition of a structure, the preservation of which the Commission considers to be of unusual importance to the Town of Snow Hill, Worcester County, Maryland, or even the nation, the Commission shall attempt to formulate an economically feasible plan with the owner(s) of the structure for its preservation. Unless the Commission is satisfied that the proposed construction, alteration, or reconstruction will not materially impair the historic or architectural significance of the structure, the Commission shall reject the application, filing a copy with the Town Code Enforcement Office.
(7)
If the structure is a deterrent to a major improvement program which will be of substantial benefit to the Town of Snow Hill, retention of the structure would cause undue hardship to the owner, or retention of the structure would not be in the best interests of a majority of persons in the Town of Snow Hill, then the Commission may approve the proposed construction, reconstruction, alteration, moving, or demolition despite the provisions of § 200-14F(6) of this article.
(8)
Only exterior features of a landmark or structure and shall not consider any interior arrangements. Also, the Commission shall not disapprove an application except with respect to the factors specified above. The Historic District Commission may give advisory opinions to assist the applicant when deemed necessary.
G.
Commission decision. The Commission shall file with the Town Code Enforcement Office a certificate of appropriateness certifying its approval, modification or rejection of each application and plans submitted to it for review. Work shall not commence on any project until such a certificate of approval has been filed. The Town's Code Enforcement Office shall not issue a building permit until it receives an approved certificate of appropriateness. The failure of the Commission to act upon a completed application within 45 days from the date the completed application was filed shall be deemed to constitute automatic approval of the proposed changes, unless an extension of this forty-five-day period is agreed upon mutually by the applicant and the Commission, or the application has been withdrawn.
H.
Routine maintenance. Nothing in the article shall be taken or construed to prevent maintenance, which does not alter the exterior fabric or features of a designated landmark, site, or structure, or landscaping which will have no material effect on the historic or architectural significance of a designated landmark, site, or structure; this includes maintenance that does not require a building permit.
I.
Demolition by neglect.
(1)
In the event of demolition by neglect, the Commission may request the Snow Hill Code Enforcement Office to notify, in writing, the property owner of record, any person having a right, title or interest therein, and the occupant or other person responsible for the maintenance of the property, of the deterioration. The notice shall specify the minimum items of repair or maintenance necessary to correct the problem.
(2)
Prior to the issuance of a written notice, the Commission may request the Snow Hill Code Enforcement Office to establish a record of demolition by neglect. Such a record may include dated materials such as photographs and written reports of the condition of the property so as to measure the deterioration.
(3)
The notice shall state that corrective action shall commence within 30 days of the receipt of said notice and be completed within a reasonable amount of time. The notice shall state that the owner of record of the property or any person of record with any right, title, or interest therein, may, within 10 days after receipt of the notice, request a hearing on the necessity of the items and conditions contained in the notice. In the event that a public hearing is requested, it shall be held by the Commission upon 30 days' written notice being mailed to all persons of record with any right, title, or interest in the property and to all citizens and organizations which the Commission determines may have an interest in the proceedings.
(4)
If, after the public hearing, the Commission determines that the corrective actions remain necessary, the Commission may request the Snow Hill Code Enforcement Office ensure that the owner take corrective action to comply with the final notice within 30 days of receipt of the final notice.
(5)
Upon failure, neglect, or refusal of the property owner or other responsible person, duly notified, to take corrective action specified in the final notice with the time required, the Commission may request that the Snow Hill Code Enforcement Office institute any of the remedies and penalties provided by law for such violations.
J.
Appeals. In the event that any party is aggrieved by a decision of the Commission, the party has the right of appeal to the Board of Appeals as provided in Chapter 200, Article XI, § 200-33 et seq., of the Snow Hill Town Code. Appeal requests must be filed within 30 days from the date of the Commission decision.
K.
Violations. Any person or persons convicted of any violation of the provisions of this chapter, including willfully performing or allowing to be performed any work without first obtaining a certificate of appropriateness, failing to comply with a final notice issued pursuant to this article, or disregarding a decision of the Commission, shall, upon conviction thereof, be fined not less than $400 nor more than $1,000 for each infraction. Each and every day such a violation occurs is to be considered a separate offense without the necessity for additional notice of process. In proceedings in which the jurisdiction of the District Court of Maryland is invoked, to the maximum extent possible, the Court shall order the violation removed or corrected and may issue such additional orders as the District Court may deem appropriate to safeguard against future violations hereof. Any such fines imposed pursuant hereto shall constitute a lien on the property where the infraction took place and shall draw interest from and after 30 days at the rate of 1/2% per month or a fraction thereof, and any such amounts, if not paid, shall be added to the next annual tax bill of such owner of such property. The Town Treasurer shall not accept payment for or receipt of the tax bill unless the amounts so assessed against the said owner, with interest thereon, is included in the amount paid.
L.
Enforcement. In the event that any structure is erected, reconstructed, moved, demolished, or otherwise altered in violation of this chapter, the Mayor and Council of Snow Hill may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such violation; to prevent the occupancy of any building, structure, or land in violation; or to prevent any act, conduct, business or use in violation of this chapter.
M.
Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid for any reason, such invalidity shall not affect the other provisions or other application of this chapter which can be given effect without the invalid provision or application, and to this end, all provisions of this chapter are hereby declared to be severable.
A.
Findings. The FP Floodplain District includes the areas of the Town of Snow Hill which are subject to periodic inundation by floodwaters. This inundation results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, impairment of the tax base and other adverse effects on the public health, safety and general welfare.
B.
Delineation; conflicting provisions.
(1)
The FP District shall include all areas subject to inundation by floodwaters of the one-hundred-year frequency, as defined by the United States Department of Housing and Urban Development, Federal Insurance Administration, and shown on its flood insurance rate map for Snow Hill which is hereby made a part of this article.[1]
[1]
Editor's Note: Said map is on file in the office of the Town Clerk and may be examined there during regular business hours.
(2)
The provisions of this article create an overlay zoning district which is applicable within floodplains in all other zoning districts established by this Zoning Chapter. To the extent that the provisions of this article are applicable and more restrictive, they shall supersede conflicting provisions within this chapter. However, the provisions of this chapter are to be used in conjunction with Chapter 89, Floodplain Management, and in the event that there shall be a conflict between the provisions of this chapter and Chapter 89, the provisions of Chapter 89 shall prevail.
C.
Construction restrictions. All construction and substantial improvements to existing structures occurring in the FP District shall comply with the requirements of Chapter 89.
D.
Building permits.
(1)
Irrespective of the application requirements in Chapter 89 within the Floodplain District, building permits shall be required for all proposed development, construction, reconstruction, placement, replacement, expansion, renovation, extension, repair or other improvements of uses or structures, regardless of value, including activities such as mining, dredging, filling, grading, logging, paving, excavation or drilling operations. Building permits shall not be required for normal maintenance.
(2)
Every building permit application for work or uses within the FP District shall include or be accompanied by all information necessary for the Code Enforcement Officer to determine that the proposal meets all of the provisions of this chapter and Chapter 89, Floodplain Management.
(3)
A copy of all plans and applications for proposed construction or other improvements within the FP District to be considered for approval may be submitted by the Code Enforcement Officer to other appropriate agencies for review and comment.
E.
Municipal liability. The lawful granting of a permit or the making of any other administrative decision under this article shall not constitute a representation, guaranty or warranty of any kind by the Town of Snow Hill or by any official, agent or employee thereof of the practicability or safety of any structure, use or other plan proposed with respect to damage from flood or otherwise and shall create no liability upon or cause of action against such public body, official, agent or employee for any flood damage that may result pursuant thereto or as a result of reliance on this article. There is also no assurance that lands not included in the FP District are not or ever will be free from flooding or flood damage.
A.
Applicability.
(1)
The provisions of this district apply to all land located within the Snow Hill Community Redevelopment Overlay Zone as designated on the Official Zoning Map.
(2)
All land uses and development shall be located and developed in accordance with the applicable provisions of the underlying zoning district and all other applicable land development regulations except as modified by this subsection.
B.
General requirements. Site development shall adhere to the following in order to enhance compatibility with the surrounding community to the maximum extent practical:
(1)
Add sidewalks that connect to the adjacent sidewalk system where appropriate;
(2)
Construct public streets that connect to the adjacent street pattern as needed;
(3)
Preserve architecturally significant structures whenever feasible;
(4)
Include new or connect with existing civic spaces;
(5)
Include street furniture, lighting and landscaping for the comfort and convenience of pedestrians; and
(6)
Design buildings and site so as to be compatible with the surrounding community.
C.
Permitted uses. Permitted uses shall be limited to those allowed in the underlying zone except as follows:
(1)
The Planning Commission may permit small-scale commercial service and retail infill or redevelopment. Any infill or redevelopment involving an existing historic or contributing building, structure, or site shall be limited to adaptive reuse only.
(2)
The Planning Commission may permit a variety of residential unit types.
D.
Development standards.
(1)
Design, materials, use, and scale shall reflect the building styles, climate, heritage and materials unique to Snow Hill and present in the surrounding neighborhood.
(2)
Lot area, width and yards will be established for each project at the discretion of the Planning Commission.
(3)
Density may exceed the underlying zone for the purpose of creating a neighborhood having a variety of housing types.
(4)
Buildings are restricted to the height limit established for the district or the average of adjacent buildings along the block face, whichever is determined appropriate by the Planning Commission.
E.
Compatibility standards.
(1)
The proposed development should exhibit exemplary site and architectural design and include high quality materials that are compatible with, and do not negatively alter the character of the surrounding neighborhood.
(2)
All permitted structures must conform to following requirements:
(a)
Buildings should be similar in height and size or be designed in such a way that they appear similar in height and size, creating an overall mass that is consistent with the prevalent mass of other structures in the area.
(b)
Primary facades and entries must face the adjacent street and be connected with a walkway that does not require pedestrians to walk through parking lots or across driveways and that maintains the integrity of the existing streetscape.
(c)
Building features such as windows and doors and site features such as landscaping and screening should optimize privacy and minimize infringement on the privacy of adjoining land uses.
(d)
Building materials shall be similar to materials of the surrounding neighborhood or use other characteristics such as scale, form, architectural detailing, etc., to establish compatibility.
(3)
All planned uses, building types, and landscaping will be included on the preliminary plan and will demonstrate the relationships of the proposed development with existing surrounding development.
(4)
All planned uses shall comply with the Snow Hill critical area and floodplain regulations.[1] Properties classified as RCA, resource conservation area, and LDA, limited development area, in accordance with the provisions of Chapter 72 may be reclassified to IDA, intensely developed area, if the Planning Commission recommends and the Mayor and Council approves the reclassification.
(5)
Proposed open space and landscaping shall be shown on plans.
(6)
Public facilities and utilities.
(a)
Existing and planned public facilities shall be shown on development plans.
(b)
All public streets, walkways and alleyways shall be shown on development plans. All through streets and walkways must be public. The local street and walkway system shall be safe, efficient, convenient, attractive, and shall accommodate use by all segments of the population.
(c)
Roads, lighting, sidewalks, street furniture, utilities and other public facilities shall be designed to enhance pedestrian circulation.
(7)
Parking.
(a)
All parking spaces shall be shown on the site plan.
(b)
The parking plan may provide a combination of off-street and on-street spaces.
(c)
Shared drives serving no more than two dwellings may be permitted.
(d)
Bicycle parking shall be provided for nonresidential projects.
(e)
Some or all of the parking requirements can be waived where adequate public parking is available in close proximity and the new parking demand does not interfere with the established parking patterns in the neighborhood. If public parking is proposed as the means of providing any required parking such arrangement shall first be approved by the Mayor and Council. Approval shall be documented in letter signed by the Mayor and Council specifying where public parking is available for regular use by the development.
F.
Findings required and conditions of approval.
(1)
The Planning Commission may approve a proposed infill or redevelopment project upon finding that:
(a)
The plan accomplishes the intent and minimum standards and requirements of the overlay district;
(b)
The plan is consistent with the Snow Hill Comprehensive Plan;
(c)
The plan is internally and externally compatible and harmonious with existing and planned land uses in the area; and
(d)
Existing or planned public facilities are adequate to service the proposed development.
(2)
The Planning Commission may establish reasonable and appropriate conditions for approval of nonresidential uses concerning such as things as hours of operation, buffer and screening, signage and lighting to insure compatibility with adjacent residential uses.
G.
Application process.
(1)
Notice. Property or properties proposed for infill or redevelopment under the terms of this subsection shall be posted by the Town. Such posting shall appear on the site at least 14 days prior to the application being considered by the Planning Commission. At the time of posting, all required application information, as outlined herein, shall be present and available for review in the Town office.
(3)
Applications shall include adequate information to address this burden of proof requirement and shall, at a minimum, include the following:
(4)
Descriptions shall include documenting photographs and an analysis of the prominent architectural features along adjacent block faces and shall address the following:
A.
Location and area requirements.
(1)
The Planned Development District is hereby established as a floating district and may be permitted in accordance with the provisions hereof, upon review of the Planning Commission and approval by the Mayor and Council, in R-1 Low Density Residential District.
(2)
The minimum land area for a PDD is 25 acres. The design of a small PDD (less than 100 acres) must ensure streets, bike pedestrian paths and trails can be extended to or connect with similar features on adjacent PDD eligible sites.
B.
C.
Area limitations for uses. Within a Planned Development District, the following percentages of the total tract area (as defined in this article), but excluding state wetlands, shall be devoted to the following uses:
(1)
A maximum of 70% for residential uses. Residential use shall be limited to single-family and two-family dwellings, multifamily dwellings, live/work units (residential portion only) and townhouses. Land devoted to residential use shall be deemed to include those streets, alleys and parking and service areas which abut and service primarily the residences or groups of residences but may not include usable open space or recreational areas.
(2)
A minimum of 30% of the gross site acreage shall be for common use open space and recreational areas in accordance with the following provisions and requirements:
(a)
Open space shall be limited to such items as conservation, agricultural and timber growing areas.
(b)
Recreational areas shall be limited to public and private noncommercial social and recreational areas, private (noncommercial) marinas and playgrounds.
(c)
The terms "open space" and "recreational areas" shall not include space devoted to roads and parking.
(d)
Reasonable restrictions and fees may be placed upon the use of active recreation areas.
(e)
Requirements for open space and recreational areas shall be as follows:
[1]
A minimum of 50% of the required open space and recreational area must be perpetual open space.
[2]
Active and passive recreation areas in a form usable to and accessible by the residents, such as a central green, neighborhood squares or commons, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above as recommended by the Planning Commission.
[3]
A maximum of 50% of the required open space and recreational area may be private wetlands and stormwater management facilities.
[4]
Active and passive recreation areas must be permanently reserved in manner acceptable to the Planning Commission.
(3)
To be eligible for commercial uses the PDD must include a minimum of 1,000 residential units. Total permitted commercial floor area shall equal no more than 0.0025% of the gross site area with a maximum of 30,000 square feet. Construction of commercial structures shall not be allowed until at least 1,000 residential units are occupied. Construction of a limited number of live/work units may be allowed in an area designated for commercial use in an approved Master Plan provided it can be demonstrated that such units can be integrated into the development stages that include actual construction of commercial space.
D.
Regulating plan.
(1)
The PDD shall include a range of complementary environments consisting of up to four use areas: single-family residential areas (SRA), central residential areas (CRA), neighborhood center areas (NCA), and conservation areas (CA). At a minimum, a planned neighborhood must contain both a SRA and a CA. The four use areas are defined as follows:
(a)
Single-family residential areas (SRA) that provide locations for a broad range of housing types, including single-family detached, semidetached, and attached. Densities may range between four and seven dwelling units per acre.
(b)
Conservation areas (CA) consisting of permanently protected open spaces, including greens, commons, and habitat protection areas.
(c)
Central residential areas (CRA) that contain a variety of housing options and related uses. These areas are typically located adjacent to primary neighborhood centers within a 1/4 mile walking distance. Densities may range between eight and 14 dwelling units per acre.
(d)
Neighborhood center area (NCA) that is an identifiable focal point of each neighborhood. It may include uses that serve the retail and service needs of the surrounding neighborhoods and vicinity within one-story and two-story buildings. Neighborhood centers also may consist of other compatible uses, such as civic and institutional uses of community-wide importance including civic greens or commons. A NCA may also include second-floor residential uses.
E.
Lot requirements. For individual structures, there shall be no minimum lot area, setback, bulk, lot width, area or road frontage requirements. Such standards shall be as approved by the Planning Commission in Step II. No structure or group of structures, such as semidetached dwellings or a row of townhouses, shall be erected within 10 feet of any other structure or group of structures.
Review and approval of the project will take place in three sequential steps. Each step must be completed prior to initiation of the next step.
A.
Step I, development plan approval step. The developer will have at least three initial conferences, one with the Technical Advisory Committee (TAC), one with the Planning Commission and one with the Mayor and Council, where the application will either be approved or be disapproved.
(1)
The following submission will be made prior to the initial conferences:
(a)
A sketch plan at a readable scale. The submitted plan shall show contours at five-foot intervals, except where the average slope is less than 3%, in which case two-foot contours are required, all existing natural and man-made features, existing zoning and a vicinity map.
(b)
A preliminary determination of sensitive areas, including but not limited to a preliminary wetlands delineation and a delineation of the one-hundred-year floodplain.
(c)
A schematic plan generally identifying the location, densities and acreage of all proposed land uses.
(d)
A schematic plan generally identifying the proposed drainage pattern and potential stormwater management.
(e)
A requested land use density for the total project.
(g)
Such other information as the TAC, Planning Commission or Mayor and Council may require.
(2)
The following items shall be considered in the conference reviews:
(a)
The relationship of the development with the Comprehensive Plan, zoning regulations and any other plans or development policy guidelines.
(b)
The general location of the site and its relationship to existing land use in the immediate vicinity.
(c)
The long-term implications the PDD would have on subsequent local development patterns and the demand for public facilities and services in the county and neighboring municipalities.
(d)
The topography and relationship to existing natural and man-made features, both on site and in the immediate vicinity.
(e)
The PDD's proposed construction schedule and how it relates to the provision of public services and facilities necessary to serve the PDD.
(f)
The availability and suitability of vehicular access.
(g)
The availability of water and sewer facilities in accordance with all applicable laws, including reasonable assurances of approval for a point of discharge or water appropriation and Maryland Department of the Environment approval, and that the water and sewer facilities will be of sufficient capacity to serve the project.
(3)
The applicant shall meet first with the TAC, then the Planning Commission and then the Mayor and Council.
(a)
The TAC shall meet with the developer and shall review the developer's submission. The TAC shall, subsequent to the meeting and review, identify areas of concern and issues to be addressed by the Planning Commission. It shall report its recommendations to the developer and to the Planning Commission. Its findings and recommendations shall be reduced to writing in a report known as the "Technical Advisory Committee Report." The TAC may solicit other agency comments prior to making its report and may require additional information, studies or reports.
(b)
The Planning Commission shall meet with the developer to review the developer's submission and review the Technical Advisory Committee Report. Such meeting shall be open to the public. The Planning Commission shall produce findings based on the items considered under Subsection A(2) of this section. The Planning Commission shall also produce a recommendation to the Mayor and Council as to approval or disapproval of the PDD application, which may address the areas identified in the Technical Advisory Committee report and such other areas of concern and such requirements as the Planning Commission may deem necessary and appropriate to advise the Mayor and Council.
(c)
The Mayor and Council shall consider the application and recommendation and hold a public hearing. The hearing shall have the same procedural formalities and notice requirements as a rezoning (map amendment) hearing. The Mayor and Council may require the presence of the TAC and/or Planning Commission at the hearing. The Mayor and Council shall review the Technical Advisory Committee report and Planning Commission's recommendation and shall, following the public hearing, approve or disapprove the Step I PDD plan and approval of the PDD floating district.
(d)
The Mayor and Council shall render a formal decision within 60 days unless the applicant and Mayor and Council mutually agree to an extended time period. In granting an approval, the Mayor and Council may impose conditions which shall become a part of the approval regulating the PDD. In addition, the Mayor and Council may require independent reports of consultants, at the expense of the developer, prior to Step I approval.
(e)
Any Planned Development District approved by the Mayor and Council (with or without conditions) must be unconditionally accepted as approved, in writing, to the Mayor and Council, by the applicant requesting such use within 60 days after approval by the Mayor and Council. Failure to so accept, in writing, as herein provided, any such Planned Development District so approved by the Mayor and Council shall be considered a rejection and abandonment by the applicant of the approval, and thereafter any such Planned Development District so approved shall be null and void and of no effect whatsoever. Any transfers of the property shall be subject to the approved plan.
(4)
The TAC shall review the submission and present its report within 90 days after receipt of the developer's submission and complete application. The Planning Commission shall meet with the developer, review the Technical Advisory Committee report and submit its recommendation within 45 days after receipt of the Technical Advisory Committee report. The Mayor and Council shall review the Technical Advisory Committee report and Planning Commission's recommendation and establish a public hearing date within 30 days of receipt of the Planning Commission's recommendation. Failure, however, to meet such time limits shall not constitute an approval.
(5)
Step I approval by the Mayor and Council shall be considered a reclassification and subject to appeal as such.
(6)
Step II approval must be obtained within one year from Step I approval, or Step I approval, unless extended by the Mayor and Council, shall automatically expire and terminate.
B.
Step II, development plan approval step. Upon completion of Step I, an applicant will develop and submit to the Planning Commission a detailed plan for such phase or phases of the entire project in accordance with Step I approval.
(1)
The applicant shall meet with the TAC and Planning Commission in that order. The Planning Commission shall have the authority to approve or disapprove the application.
(2)
The design features and standards of development within the Planned Development District shall, in addition to the regulations set forth in this title, conform to a development plan, including details and specifications as may be required, which is approved by the Planning Commission. The development plan shall include, at a minimum, the following:
(a)
An accurate topographic and boundary line survey of the project area and a location map showing its relationship to surrounding properties.
(b)
The pattern of existing and proposed public and private roads, driveways and parking facilities and intended design and construction standards.
(c)
The general size, arrangement and location of any lots and proposed building groups.
(d)
The general location, type and size of proposed landscaping.
(f)
The use, type, size and general location of proposed structures.
(g)
The location of existing and general location of proposed sewer and water facilities, including how and when such facilities are to be provided.
(h)
Architectural drawings and sketches illustrating the general design and character of the proposed structures.
(i)
The general location of recreational and open space areas and areas reserved or dedicated for public uses, such as schools, community centers, libraries, fire stations and park sites, and any open space to be owned and maintained by a property owners' association. Areas proposed for active and passive recreation shall be shown, along with a description of the facilities and equipment to be provided in these areas.
(j)
The existing topography and storm drainage pattern and the proposed storm drainage system showing basic topographic changes.
(k)
Statistical data on the total size of the project area, density computation, proposed number of residential units by type, compliance with area limitations and requirements for uses, area in streets, area in parking and parking tabulation and any other similar data pertinent to a comprehensive evaluation of the proposed development.
(l)
A copy of the proposed organizational structure related to property owners' association, protective covenants and provisions of services. Aspects of the maintenance of common open space areas and of the provisions relating to the future use of private property (additions, expansion, changes in uses, etc.) shall be fully set forth in such documents.
(m)
A detailed time schedule for the implementation and construction of the development and, if appropriate, a plan for phasing the construction of the PDD, showing the general geographical coverage of future plats and their approximate sequence of submission.
(3)
The TAC will meet with the applicant and review the application, development plan and specifications. The TAC will reduce its findings and recommendations to writing and submit the same to the Planning Commission within 45 days after the submission of the formal application.
(4)
The Planning Commission will meet with the applicant and review the application, development plan and specifications and the TAC's recommendations. In its review, the Planning Commission is empowered to request any changes or additional information that it may deem necessary. Following its review, the Planning Commission shall either approve or disapprove the application. In the case of disapproval, the Planning Commission shall present the applicant with a written report of its findings, including the reasons for disapproval. In the case of approval, the Planning Commission may attach conditions concurrent with the approval of the PDD and impose time limits on the development.
(5)
In its review, the TAC and Planning Commission shall be guided by the standards set forth in this title and principles of good planning and shall also give consideration to whether:
(a)
The plans for the development are in general conformance with all elements of the Comprehensive Plan for the Town as well as any other plans and the character and nature of existing and contemplated development in the vicinity of the proposed development.
(b)
The development will preserve unusual topographic or natural features of the land.
(c)
The design of the development will best utilize and be compatible with the topography of the land.
(d)
The physical characteristics of the development will not adversely affect the future development or value of undeveloped neighboring areas or the use, maintenance and value of neighboring areas already developed.
(e)
The development will secure for its residents and neighboring residents substantially the same or greater benefits with respect to the availability of light, air, open space and street access as would be provided by the application of the appropriate district regulations.
(f)
The development will secure for its residents and neighboring residents substantially the same or greater protection from fire, health hazards and other dangers as would be provided by application of the appropriate district regulations.
(6)
Substantial modification of the plan, as determined by the Department of Planning, shall not be allowed unless processed as a new application (Step I) under these provisions. The Planning Commission may approve, upon written request, minor modifications when limited to design features and interior planning; however, in no event shall this be interpreted to include any change or increase in the applicable density or bulk regulations. Any extension or minor modification in the detailed time schedule may be made by the Planning Commission upon a showing of reasonable cause by the developer filed in writing. Other amendments to Step II approval and any conditions which may be imposed thereon may be made, at the request of the applicant, to the Planning Commission.
(7)
Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a particular project development shall be cause for cancellation of the approval for said project.
(8)
All approvals shall be in writing. An applicant may withdraw an application for a PDD at any time within 60 days after Step II approval. In the event of withdrawal, Step I review and Step II approval shall be void.
(9)
The Planning Commission may place time limits on the life of the Step II approval, provided that implementation shall commence within two years from the final date (after any appeals) of Step II approval and provided that implementation must proceed in accordance with the schedule approved in Step II. If the Planning Commission determines that progress is not being made with implementation, then the Planning Commission may act to revoke the Step II approval. Such action shall be commenced by the Planning Commission. The developer will be notified of the time and place in which the revocation will be considered by the Planning Commission. The developer shall have the right to appear before the Planning Commission.
(10)
The Code Enforcement Officer shall delineate and designate approved residential/mixed-use planned communities on the official Town Zoning Maps for informational and reference purposes. A file available for inspection by the public shall be maintained by the Code Enforcement Officer for each Planned Development District so designated. The file shall contain a record of the approved development plan and all matters pertaining thereto.
C.
Step III, implementation step. This step shall guide the project through the customary subdivision regulation process (including preliminary and final plat) or the site plan review process as prescribed in § 200-22 or applicable section, as appropriate. During Step III approval, the PDD may be considered as a major subdivision and shall be subject to all major subdivision and site plan procedures and approvals, provided that the Planning Commission may waive subdivision requirements or site plan standards where necessary and appropriate.
(1)
Detailed implementation plans or subdivision plats shall be submitted to the Planning Commission for review and approval. All such plans shall conform to Step II approvals. The Planning Commission may request such information and details on the plans so as to render them sufficient and acceptable for the issuance of a construction permit from the Department. The Planning Commission shall retain a copy of all approved implementation plans in its records. A copy of an approved implementation plan will be provided to the applicant.
(2)
A copy of an approved implementation plan shall be provided to the Department, which shall ensure that a proper building permit is issued and that construction is conducted in accordance with the plan.
(3)
Except as herein set forth, there is no time limit on the amount of time required by the Planning Commission to approve an implementation plan.
(4)
Expiration of site plans approved as part of Step III, implementing step, shall be as prescribed in § 200-22. Expiration of subdivision plats shall be as prescribed in the developers rights and responsibilities agreement. In the event of the expiration of the Step III approval, all previous PDD approvals, including Step I and Step II, are rendered null and void.
There shall be but one opportunity for appeal to the Circuit Court from a decision of the Mayor and Council or Planning Commission under this article. That appeal shall be from the action of the Mayor and Council in granting, conditioning or denying the Step I application, which shall be subject to appeal in the same manner as a reclassification.
