[Amended 4-3-2017 by Ord.
No. 780-17]
This article delineates the boards, commissions and individuals
involved in the administration of the Town of Bel Air Development
Regulations and, where appropriate, outlines the individual's and/or
group's responsibilities. These groups and individuals ensure that
development is consistent with state and local visions, as specified
in the Land Use Article of the Annotated Code of Maryland and the
2016 Town of Bel Air Comprehensive Plan, and with all applicable regulations.
[Amended 4-3-2017 by Ord.
No. 780-17]
The Board of Town Commissioners, established pursuant to the
Charter of the Town of Bel Air, is the five-member elected legislative
body ultimately responsible for the effectiveness of the Town of Bel
Air Development Regulations. It establishes the regulations, approves
amendments and gives final approval to other matters as defined in
the Land Use Article of the Annotated Code of Maryland and the Code
of the Town of Bel Air. The Board of Town Commissioners is charged
with the following powers and duties:
A.
Approve a recommended Town of Bel Air Comprehensive Plan and/or amendments
thereto as provided in the Land Use Article of the Annotated Code
of Maryland.
B.
Approve changes to the Town of Bel Air Development Regulations text
and map after due consideration of the recommendations of the Planning
Commission.
C.
Seek recommendations from the Planning Commission relative to zoning,
traffic and annexation requests.
D.
Approve historic construction and rehabilitation design guidelines
and approve designation of historic districts and sites.
E.
Appoint board and commission members in accordance with the Land
Use Article of the Annotated Code of Maryland and the Code of the
Town of Bel Air.
The Board of Appeals, as established by the Bel Air Town Code,
consists of five Town citizens and one alternate, appointed by the
Board of Town Commissioners for a term of three years each. The Chair
is elected annually by the Board of Appeals members. The Board's operations
are limited to the independent review of specific land use questions.
The Board is charged with the following powers and duties:
A.
Hear appeals from a decision or interpretation rendered by the Zoning
Administrator.
D.
Grant authorization to expand or extend nonconforming uses and/or
structures.
F.
Hear appeals from a decision rendered by the Historic Preservation
Commission in accordance with the Land Use Article of the Annotated
Code of Maryland.
[Amended 4-3-2017 by Ord.
No. 780-17]
The Concept Plan Review Committee is an advisory committee created
by the Board of Town Commissioners and consisting of a minimum of
five members: the Director of Planning and Community Development,
the Director of Public Works, a Town Commissioner, a Planning Commission
member, and an Economic and Community Development Commission member.
Committee members shall serve on an ad hoc basis and may authorize
a designee to act on their behalf as necessary. Depending on the project,
representatives from other local and state agencies may be included
in the initial concept plan review process, i.e., the State Highway
Administration, Fire Department, Health Department, etc. Concept plan
review is a review process to help applicants identify applicable
development regulation requirements before a project is submitted
to the respective reviewing agency(ies) for consideration. The Committee's
duties and responsibilities are as follows:
A.
Review concept plans and act as an advisory body for commercial,
industrial and institutional development in excess of 5,000 square
feet, residential development of 25 units or more, in order to encourage
development that meets Town goals.
[Amended 4-3-2017 by Ord.
No. 780-17]
B.
Assist applicant(s) in identifying development requirements and understanding
the development process.
C.
Provide guidance for current and planned projects, as delineated
in the Town of Bel Air Comprehensive Plan, with respect to their effect
on existing and future development and infrastructure and on the Town's
design standards, community character, enhancement of property values
and long-term goals and objectives.
D.
Identify and seek informal comments on proposed developments, if
deemed appropriate, from outside reviewing agencies, including, but
not limited to, the Health Department, Bel Air Volunteer Fire Company,
State Highway Administration, the Board of Education, the State Fire
Marshal's Office and Harford County Department of Planning and Zoning.
[Amended 11-25-2011 by Ord. No. 744-11]
E.
Prepare minutes of the concept plan meeting for the Planning Commission's
and, when applicable, Board of Town Commissioner's review and consideration.
[Amended 4-3-2017 by Ord.
No. 780-17]
The Cultural Arts Commission, as established by the Bel Air
Town Code, consists of nine members who serve as an advisory commission
to the Board of Town Commissioners on matters pertaining to the celebration
and the promotion of the cultural arts in the Town of Bel Air. The
term of each member shall be three years or until his/her successor
takes office. The Chair is elected annually by the Cultural Arts Commission
members. The Commission's duties and responsibilities include the
following:
A.
Prepare an annual report for the Town Commissioners, detailing the
Commission's activities during the previous year.
B.
Prepare reports and make recommendations upon special matters or
questions within its scope of work.
C.
Prepare an annual budget related to projects within the Commission's
scope, outlining forthcoming events and the funds allocated to each
event.
D.
Conduct fund-raising programs for the promotion of cultural arts
programs and events for the Town of Bel Air.
E.
Review and make recommendations to the Planning Commission for approval,
denial or modifications of proposed art amenities as required in Part
4 of the Town of Bel Air Development Regulations.
The position of Director of Planning and Community Development
is created by the Board of Town Commissioners and appointed by the
Town Administrator. This official is charged with organizing the Department
of Planning and Community Development staff, as necessary, to carry
out the functions of the Department. The Director of Planning and
Community Development is also charged with carrying out the duties
of the Zoning Administrator in administration of the Town of Bel Air
Development Regulations. The Director or authorized designee shall
have, in administration of the Town of Bel Air Development Regulations,
the following powers, duties and rights:
A.
Perform duties necessary for the proper enforcement and administration
of the Town of Bel Air Development Regulations in the role of Zoning
Administrator.
B.
Render interpretations, upon written request of an interested person
whose property may be affected, as to the applicability of the Town
of Bel Air Development Regulations to particular uses and its application
to the factual circumstances presented.
C.
Receive, review, recommend, approve or deny applications as specified
under the Town of Bel Air Development Regulations.
D.
Conduct inspections and surveys to determine whether a violation
of the Town of Bel Air Development Regulations exists; in carrying
out this duty, it is the right of the Zoning Administrator or authorized
agent to enter and inspect, with permission of the owner or occupant,
any structure or land in order to verify compliance with provisions
of the Town of Bel Air Development Regulations. Should the owner or
occupant deny such entry, the Zoning Administrator may seek relief
from a court of competent jurisdiction to permit such rights.
E.
Seek criminal or civil enforcement including issuance of a citation
for a municipal infraction for any provision of these Development
Regulations and take any action on behalf of the Town to prevent or
abate any violation of the Town of Bel Air Development Regulations.
[Amended 3-20-2023 by Ord. No. 811-23]
F.
Design and distribute applications and forms required by the Town
of Bel Air Development Regulations requesting information which is
pertinent to the requested approval.
G.
Receive, investigate and determine the validity of complaints of
violations of the Town of Bel Air Development Regulations.
[Amended 3-20-2023 by Ord. No. 811-23]
H.
Issue zoning approvals pursuant to the provisions of the Town of
Bel Air Development Regulations and recommend suspension or revocation
of any zoning approvals upon violation of any provisions of the Town
of Bel Air Development Regulations.
I.
Decisions of the Zoning Administrator shall be in writing and shall
be subject to appeal to the Board of Appeals by any aggrieved person
within 30 days of the date of the decision.
J.
Receive, review, recommend, approve or deny requests for minor setback
variances through the administrative review process.
K.
Receive, review, recommend, approve or deny requests for waivers
for screening, landscaping, architectural treatments and fencing provisions.
L.
Review,
approve, approve with conditions, or deny development submissions
related to forest conservation, traffic impact analysis, minor site
plans and minor subdivision plans including parcel consolidation,
easements, and rights-of-way.
[Added 3-20-2023 by Ord. No. 811-23]
The position of Director of Public Works is created by the Board
of Town Commissioners and appointed by the Town Administrator. This
official acts as the Town Building Official. As such, the Director
is charged with the administration of the Town of Bel Air Development
Regulations in concert with the Director of Planning and Community
Development. In this capacity, the Director functions to review development
and planned development to ensure conformance with provisions of the
Town of Bel Air Development Regulations and other Town regulations
and standards. The Building Official is also responsible for enforcing
the Town's Building Code[1] and other related regulations. The Director or authorized
designee shall have, in administration of the Town of Bel Air Development
Regulations, the following powers, duties and rights:
A.
Perform duties necessary for the proper enforcement and administration
of the Town of Bel Air Development Regulations in his role as Building
Official.
B.
Render interpretations, upon written request of any interested person
whose property may be affected, as to the applicability of the Town
of Bel Air Development Regulations to the factual circumstances presented
regarding subdivision, public works improvements and issues in concert
with the Director of Planning and Community Development.
C.
Receive, review, approve or deny applications as specified under
the Town of Bel Air Development Regulations.
D.
In concert with the Director of Planning and Community Development,
conduct inspections and surveys to determine whether a violation of
the Town of Bel Air Development Regulations, the Town's Building Codes
and other related laws exists.
E.
Serve as the Floodplain Administrator as specified in Chapter 210, Floodplain Management, to interpret floodplain boundaries, review applications for development, inspect structures in flood areas, and permit and enforce provisions of the Floodplain Management Chapter.
[Added 4-3-2017 by Ord.
No. 780-17]
F.
Seek criminal
or civil enforcement including issuance of a citation for a municipal
infraction for any provision of the Building Code, Property Maintenance,
Development Regulations, and Health and Sanitation chapters of the
Town code and act on behalf of the Town to prevent or abate violations.
[Added 3-20-2023 by Ord. No. 811-23]
The Economic and Community Development Commission, as established
by the Bel Air Town Code, consists of nine members who act as the
Town's community development agency. The term of each member shall
be three years or until his/her successor takes office. The Chair
is elected annually by the Economic and Community Development Commission
members. The Commission's duties and responsibilities are as follows:
A.
Provide strategic planning for future economic development.
B.
Encourage business development and recruitment of new businesses
which would benefit the area economy and retention of existing businesses
in the community.
C.
Market, advertise and seek new business prospects for the Town.
D.
Promote a positive relationship between the business community, citizens
and government.
E.
Develop revitalization activities directed toward preserving and
promoting employment opportunities and maintaining an attractive environment
throughout the Town.
F.
Promote government coordination with other jurisdictions.
G.
Promote preservation, improvement, or embellishment of historic structures
or monuments.
[Amended 3-20-2023 by Ord. No. 811-23]
H.
Promote the installation, construction or reconstruction of streets,
utilities, parks, playgrounds and other improvements necessary for
carrying out the Town's economic and community development objectives.
I.
Act as an advisory group on commercial development projects.
J.
Recommend demolition and removal of buildings and improvements.
[Amended 3-20-2023 by Ord. No. 811-23]
The Historic Preservation Commission, as established by the
Bel Air Town Code, is composed of seven members. The majority are
residents who have a demonstrated special interest, knowledge, or
a professional or academic training in architecture, history, architectural
history, archeology, planning, anthropology, curation, conservation,
landscape architecture, historic preservation, urban design or related
disciplines. Commission members serve for a term of three years or
until his/her successor takes office. The Chair is elected annually
by the Historic Preservation Commission members. The Commission's
duties and responsibilities are as follows:
A.
Safeguard the heritage of the Town of Bel Air by preserving the sites
and districts therein which reflect elements of its cultural, social,
economic, political, archeological or architectural history.
B.
Stabilize and improve property values in such districts.
C.
Foster civic beauty and safeguard the architectural legacy for residential
and commercial buildings.
[Amended 4-3-2017 by Ord.
No. 780-17]
D.
Support education and awareness of the Town heritage through programs
and activities.
[Amended 4-3-2017 by Ord.
No. 780-17]
E.
Promote the use and preservation of historic sites and districts
for the education, welfare and pleasure of the residents of Bel Air.
F.
Review, approve, deny or make recommendations, as applicable, on
plans for renovation or redevelopment of historic properties.
The Planning Commission, as established by the Bel Air Town
Code, consists of five members and one alternate appointed by the
Board of Town Commissioners. The term of each member shall be five
years or until his successor takes office. The Chair is elected annually
by the Planning Commission. After public hearing, members may be removed
by the Board of Town Commissioners for inefficiency, neglect of duty,
or malfeasance in office. The Planning Commission is charged with
the following powers and duties:
A.
Prepare, approve and recommend to the Board of Town Commissioners
adoption of the Town of Bel Air Comprehensive Plan.
B.
Prepare, approve and recommend Town of Bel Air Comprehensive Plans
for major geographic sections or divisions of the Town to the Board
of Town Commissioners for adoption.
C.
Promote public interest in and understanding of the Town of Bel Air
Comprehensive Plan.
D.
Recommend to the Board of Town Commissioners programs for public
structures, improvements and land acquisition and their financing.
E.
Consult public officials and agencies, public utility companies,
civic, educational, professional and other organizations and citizens,
as deemed necessary, with relation to protection or execution of the
Comprehensive Plan.
[Amended 3-20-2023 by Ord. No. 811-23]
F.
Receive comments at a public hearing to recommend the boundaries
of the various zoning districts and appropriate regulations to the
Board of Town Commissioners to be enforced therein.
[Amended 3-20-2023 by Ord. No. 811-23]
G.
Advise the Board of Town Commissioners on changes in zoning, annexations
and development regulations.
[Amended 3-20-2023 by Ord. No. 811-23]
H.
Review and take appropriate action on site plans, landscape plans
and subdivision plats, along with other pertinent plans, plats and
materials, based on compliance with the Town of Bel Air Development
Regulations and standards herein.
[Amended 4-3-2017 by Ord.
No. 780-17]
I.
Prepare regulations governing subdivision of land within the Town
limits; approve or deny proposed subdivision plats and resubdivision
of existing record lots. All plats including one or more new lots
must bear the signature of the Chair before legal recording among
the land records of Harford County.
[Amended 3-20-2023 by Ord. No. 811-23]
J.
Make, alter or rescind rules and forms for its procedures, consistent
with the Land Use Article of the Annotated Code of Maryland, as amended
from time to time.
[Amended 4-3-2017 by Ord.
No. 780-17]
K.
File its minutes, decisions and other records in the Planning Office
of the Town and maintain them as public record.
L.
Make recommendations and an annual report to the Board of Town Commissioners
and the Maryland Department of Planning, concerning operation of the
Commission and the status of planning in Bel Air.
M.
Prepare, publish and distribute reports, ordinances, and other materials
related to its activities.
A.
Complaints regarding violations. Whenever the Zoning Administrator
or designee receives a written or verbal complaint alleging a violation
of this article, he/she shall investigate the complaint and take whatever
action is warranted.
[Amended 3-20-2023 by Ord. No. 811-23]
B.
Persons liable. The owner, tenant and/or occupant of any building,
structure or land or part thereof who participates in, assists, directs,
creates or maintains any situation that is contrary to the requirements
of the Town of Bel Air Development Regulations may be held responsible
for the violation and suffer the penalties and be subject to the remedies
herein provided.
C.
Violation notice procedures.
(1)
Whenever the provisions of the Town of Bel Air Development Regulations
have been violated, the Zoning Administrator or designee shall send
a written notice to the owner and occupant of the property alleged
to be in violation, indicating the nature of the violation and ordering
corrective action within 15 days. An additional written notice may
be sent at the Zoning Administrator's discretion.
[Amended 3-20-2023 by Ord. No. 811-23]
(2)
The notice shall state what action the Zoning Administrator intends to take if the violation is not corrected and advise that the Zoning Administrator's decision may be appealed to the Board of Appeals in accordance with Article XII of the Town of Bel Air Development Regulations.
(3)
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this article or pose a danger to the public health, safety or welfare, the Zoning Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Subsection D of this section.
D.
Penalties.
(1)
Any owner, tenant or occupant who uses or permits the use of land, buildings or structures contrary to the provisions of the Town of Bel Air Development Regulations shall be subject to a fine of not more than $400 for each offense, in accordance with Chapter 1, Article II, § 1-10, of the Town Code. Each day of a continuing violation shall be considered a separate municipal infraction.
(2)
The Town may recover damages in a civil action for violation of the
Town of Bel Air Development Regulations and may adopt procedures for
the imposition of civil penalties as authorized by state law.
(3)
In the event of a violation of any of the provisions of the Town
of Bel Air Development Regulations or any amendment or supplement
thereto, the Zoning Administrator, any adjacent or neighboring property
owner or any person who would be specially damaged by such violation,
in addition to other remedies provided by law, may institute a suit
for injunction, mandamus, abatement or other appropriate action or
other proceeding to prevent, restrain, correct or abate such unlawful
activity or use.
E.
Approval/permit revocation. A zoning, sign, preliminary site/landscape plan, variance, special development or special exception approval/permit may be revoked by the Board of Town Commissioners (in accordance with the provisions of this article) if the approval/permit recipient, or its successors or assigns, fails to develop, use or maintain the subject property, building or structure in accordance with the approved plans, the requirements of this Part 2, or any additional requirements lawfully imposed by the approval body.
[Amended 3-20-2023 by Ord. No. 811-23]
(1)
Before a zoning, sign, special exception or special development approval/permit
may be revoked, all notice and hearing requirements provided herein
shall be complied with.
(a)
Before a zoning, sign, preliminary site/landscape plan, variance,
special development or special exception approval/permit may be revoked,
the Zoning Administrator shall give the approval/permit recipient
10 days' prior written notice of intent to revoke the approval/permit.
The notice shall state the reasons for the revocation and the right
to obtain an informal hearing before the Zoning Administrator on the
allegations, if a hearing is requested within 10 days of the notice
date.
(b)
Following a hearing, or if a hearing was not requested, the
Zoning Administrator shall make a written recommendation regarding
revocation of the subject approval/permit to the Board of Town Commissioners.
(c)
If revocation is recommended by the Zoning Administrator, a
hearing shall be held before the Board of Town Commissioners, which
shall render a final decision on the issue.
(d)
The burden of presenting evidence sufficient for the Board to
conclude that an approval/permit should be revoked shall be upon the
party advocating that position.
(e)
A final decision to revoke an approval/permit shall include,
insofar as practicable, a statement of the specific reasons or findings
of fact that support the decision. A written decision shall be provided
to the approval/permit holder.
(2)
No persons may continue to make use of any property, buildings or
structure in the manner authorized by any zoning, sign, preliminary
site/landscape plan, variance, special development or special exception
approval/permit after such approval/permit has been revoked in accordance
with this subsection.
F.
Judicial review. Any Board of Town Commissioners, Planning Commission
or Board of Appeals decision denying or granting a piecemeal rezoning
request; designating an historic district or historic site; revoking
an approval of a permit; or granting or denying a special development,
preliminary plan, special exception, variance or ruling on an interpretation
by the Zoning Administrator shall be subject to appeal. If such a
decision is appealed, a petition for appeal shall be filed with the
Circuit Court of Harford County within 30 days of issuance of the
written decision.
A.
Annual growth report.
(1)
A copy of the approved Harford County Annual Growth Report, as referenced
in § 267-126A(3)(a) and 267-126B(2)(b) of the Harford County
Development Regulations, shall be submitted by the Town's Director
of Planning and Community Development to the Board of Town Commissioners
in July of each year. An amended version of the report will be submitted
to the Board of Town Commissioners in January of each year, incorporating
amendments to the annual growth report as adopted by the county.
(2)
The report, as required by the Harford County Development Regulations,
is prepared by the Harford County Department of Planning and Zoning
and includes a specific analysis of the current and future utilization
and capacity of school facilities, including the following:
(a)
Full-time enrollment for the schools serving the Town of Bel
Air as of September 30, or as of any other official reporting date
as set by the State Board of Education or the County Board of Education;
(b)
Rated capacity and utilization percentage of each pertinent
school facility, with capacity based on state-rated capacity;
(c)
One-year, two-year and three-year, enrollment projections for
each pertinent facility, including a description of the method of
projecting enrollment in each facility;
[Amended 4-3-2017 by Ord.
No. 780-17]
(d)
Pupil yield factor by school level for each type of dwelling
unit;
(e)
List of approved capital projects for new or expanded school
facilities and the identified schools that will be relieved, including
projected enrollment and opening date;
(f)
School district maps for each level of school facilities; and
(g)
Modified enrollment projections for each district, which include
planned units remaining (recorded lots and units projected from approved
preliminary plans) and projected units from vacant land zoned for
residential purposes.
B.
Adequacy standards (minimum acceptable level of service). Upon acceptance
of the annual growth report by the Board of Town Commissioners, all
approvals of residential single-family subdivision plans and site
plans for multifamily development shall be subject to findings of
adequate school capacity based on the standards set in this subsection
and the current and projected use level described in the annual growth
report:
(1)
Preliminary approval. Preliminary subdivision plans exceeding five
lots and site plans for multifamily residential developments exceeding
five dwelling units shall not be approved at locations where either
of the following conditions exist:
[Amended 4-3-2017 by Ord.
No. 780-17; 9-16-2019 by Ord. No. 792-19]
(a)
The enrollment, at the elementary school which then serves the
site and all abutting elementary school attendance areas, is greater
than 110% of the rated capacity or is projected to be greater than
110% within three years; or
(b)
The enrollment, of either the middle school or high school which
serves the site and all abutting respective middle and high school
attendance areas, is greater than 110% of the rated capacity or is
projected to be greater than 110% within three years.
(2)
Conditional review. If Subsection B(1)(a) or (b) of this section prevents approval of a subdivision plan or a site plan, the Planning Commission may proceed with conditional review of the plan and place it on a waiting list arranged by the date of completion of the review. This section shall not extend subdivision plan or site plan approval beyond two years from the date of final decision. One-year extensions of an approved plan may be requested without limitation during the period of development deferral. Record plats, grading permits, and public works agreements for utilities or roads shall not be executed by the Town until the plan for the project is removed from the waiting list and approval is granted. Removal from the waiting list shall occur only when the condition that prevented approval under Subsection B(1)(a) or (b) of this section no longer exists.
[Amended 9-16-2019 by Ord. No. 792-19]
(3)
Exemptions. The provisions of this subsection shall not apply to
transient housing or fifty-five-and-over housing.
