[HISTORY: Adopted by the Board of Town Commissioners
of the Town of Bel Air 3-11-1980 by Ord. No. 310 as
Ch. 4, Art. 5 of the 1980 Code. Amendments noted where applicable.]
A.Â
The preservation of sites, structures and districts
of historic, archaeological and architectural significance together
with their appurtenances and environmental settings is a public policy
of Bel Air. In accomplishing this policy the following objectives
are sought to be attained:
(1)Â
To preserve and enhance the quality of life.
(2)Â
To safeguard the historical and cultural heritage
of the Town of Bel Air by preserving the sites, structures or districts
therein which reflect elements of its cultural, social, economic,
political, archaeological or architectural history.
(3)Â
To stabilize and improve property values of such sites,
structures or districts.
(4)Â
To foster civic beauty.
(5)Â
To strengthen the local economy.
(6)Â
To promote the use, preservation and appreciation
of such historic sites, structures and districts for the education,
welfare and pleasure of the residents of Bel Air.
B.Â
The Board of Town Commissioners of the Town of Bel
Air and the Historic Preservation Commission may seek and obtain the
advice and assistance of the Maryland Historic Trust, the Harford
County Historic Preservation Commission, the Historical Society of
Harford County, Inc., and other organizations or individuals qualified
by interest, training and experience in achieving the purposes of
this chapter.
For the purposes of this chapter the following
words and phrases shall have the meanings respectively ascribed to
them in this section:
Any exterior change that would affect the historic, archaeological
or architectural significance of a designated site or structure, any
portion of which is visible or intended to be visible from a public
way, including but not limited to construction, reconstruction, moving
or demolition.
Include but are not limited to walkways and driveways (whether
paved or not), trees, landscaping, pasture, cropland, waterways and
rocks. When used in this chapter, the word "structure" shall also
be determined to include the words "appurtenances and environmental
settings."
The official form indicating the Historic Preservation Commission's
affirmative action on a request to alter, repair, modify, renovate,
construct, demolish or otherwise alter all or a portion of a historically
designated property or structure.
Includes any willful neglect in maintenance and repair of
a structure, not including any appurtenances and environmental settings,
that does not result from financial inability to maintain and repair
the structure and that threatens to result in any substantial deterioration
of the exterior features of the structure.
The architectural style, design and general arrangement of
the exterior of a historic structure which includes appurtenances
and environmental settings, including the color, 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 a historic structure.
A significant concentration, linkage or continuity of sites,
structures or objects united historically, architecturally, archaeologically,
culturally, or aesthetically by plan or physical development, the
preservation of which is deemed to be for the educational, cultural,
economic and general welfare of the inhabitants of Bel Air. A historic
district shall include all property within its boundaries as defined
and designated by resolution of the Board of Town Commissioners.
Work that does not alter the exterior fabric or features
of a site, structure, or appurtenances and environmental settings
and has no material effect on the historic, archaeological or architectural
significance of the historic site or structure.
The location of an event of historic significance or of a
structure, whether standing or ruined, which possesses historic, archaeological
or cultural significance.
A combination of material to form a construction that is
stable, including but not limited to stadiums, reviewing stands, platforms,
staging, observation towers, radio towers, buildings, water tanks
and 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."
A.Â
Creation.
There is hereby created a commission to be known as the "Historic
Preservation Commission."
B.Â
Membership.
The Historic Preservation Commission shall have a membership of not
fewer than five nor more than seven persons. A majority of members
of the Historic Preservation Commission shall be residents of the
Town of Bel Air. Each member shall have a demonstrated special interest,
specific knowledge or professional or academic training in: history,
architecture, architectural history, planning, archaeology, anthropology,
curation, conservation, landscape architecture, historic preservation,
urban design, or a related discipline. At least two members of the
Historic Preservation Commission shall possess professional or academic
training in one or more of the above-listed fields in accordance with
the minimum professional requirements of the United States Department
of the Interior for certifying local governments under 36 CFR Part
61.
[Amended 10-3-2022 by Ord. No. 810-22]
C.Â
Historic Preservation Commission membership qualification criteria. The requirement for Historic Preservation 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 B of this section or active membership in a preservation-related organization. The requirement for membership under the category of specific knowledge may be satisfied by formal postsecondary education, employment or practical experience in one or more of the above listed fields listed in Subsection B. The requirement for Historic Preservation Commission membership under the category of professional or academic training may be satisfied by, at a minimum, two years' experience as a professional or a bachelor's degree in one or more of the fields listed in Subsection B.
[Amended 10-3-2022 by Ord. No. 810-22]
D.Â
Terms.
The members shall be appointed by the Board of Town Commissioners
for terms of three years, except that in making the initial appointments,
some appointments shall be established for less than three years in
order that as these initial terms expire all appointments shall not
expire at the same time. Members of the Historic Preservation Commission
are eligible for reappointment.
[Amended 10-3-2022 by Ord. No. 810-22]
E.Â
Vacancy.
Any vacancy on the Historic Preservation Commission shall be filled
by the Board of Town Commissioners. In the case of the expiration
of a term, a member may continue to serve until the member's successor
is appointed.
[Amended 10-3-2022 by Ord. No. 810-22]
F.Â
Officers.
The Historic Preservation Commission shall select from its membership
a Chairperson and a Vice Chairperson. The Chairperson and Vice Chairperson
shall serve a term of one year, shall perform such duties as the Historic
Preservation Commission may prescribe and shall be eligible for reelection.
G.Â
Compensation.
The members of the Historic Preservation Commission shall serve without
compensation but may be reimbursed for necessary expenses incurred
in the performance of their duties.
[Amended 10-3-2022 by Ord. No. 810-22]
H.Â
Meetings.
The Historic Preservation Commission shall hold such regular meetings
and hearings as necessary to discharge its duties, but not less than
quarterly. The Historic Preservation Commission shall hold special
meetings at the call of the Chairperson or of any three members of
the Historic Preservation Commission.
I.Â
Rules of
procedure; quorum. The rules of procedure shall also be available
for public inspection. A majority of members shall constitute a quorum.
[Amended 10-3-2022 by Ord. No. 810-22]
[Amended 11-16-2009 by Ord. No. 728-09]
The Historic Preservation Commission is authorized and empowered,
after consultation with the Department of Planning and Community Development
of the Town of Bel Air, and upon making full and proper study, to
recommend any property, structure or area within the limits of the
Town of Bel Air as a proposed historic site, structure or district
and to determine the boundary lines of any such site, structure or
district. The Historic Preservation Commission shall prepare a resolution
setting forth its recommended designation of a site, structure or
district as historic and shall cause such resolution to be introduced
to the Board of Town Commissioners for appropriate action. No property,
structure or area shall be deemed to be an historic site, structure
or district unless and until it has been so designated by a resolution
of the Board of Town Commissioners. The process for designation is
as follows:
A.Â
The criteria for designation as an historic site, structure or district
is as follows:
(1)Â
The Historic Preservation Commission shall conduct a public hearing
to consider designation of a site, structure or district In determining
its recommendation for such designation, the Commission shall consider
the significance of this site, structure or area in local, regional
or American history.
(2)Â
In evaluating historical significance, the Commission shall determine
whether the site, structure or area is associated with events that
have made a significant contribution to the broad pattern of our history,
or whether the site, structure or area is associated with the lives
of persons significant in the Town's past.
(3)Â
In considering architectural significance, the Commission shall determine
whether the site, structure or area embodies distinctive characteristics
of a type, period or method of construction, or represents the work
of a master or possesses high artistic values or represents a significant
and distinguishable entity whose components may lack individual distinction.
The Commission shall also consider the integrity of design, setting,
materials and workmanship of the site structure or area.
(4)Â
In considering archeological significance, the Commission shall determine
whether the site, structure or area has yielded or may be likely to
yield information important in history or prehistory.
B.Â
At least 10 days prior to a scheduled public hearing, the Historic
Preservation Commission shall send written notice of the date, time
and place of the hearing to the owner(s) of the proposed historic
site, structure or area and to those agencies, organizations and citizens
which the Commission determines may have an Interest In the proceedings.
Further, the historic site, structure or area's property shall be
posted at least 14 days prior to the scheduled public hearing with
a sign identifying the historic site, structure or area and listing
the date, time and place of the public hearing and giving instructions
for obtaining further information. A notice of the time and place
of the public hearing shall be posted in a newspaper of general circulation
in the jurisdiction at least seven days prior to the public hearing.
If an application for historic site designation has been filed, the
Commission shall schedule a public hearing and make public its decision.
Within 45 days after the filing of an application or, in the event
the record is left open by the Commission, within 15 days after the
close of the record, the Commission shall make Its decision public.
No record shall be held open for longer than seven calendar days,
without the consent of the applicant The time period for Commission
action may be extended with the written consent of the applicant.
C.Â
Upon completion of the public hearing process, the Historic Preservation
Commission shall determine whether the site, structure or area should
be designated as historic. If the decision is favorable, the Historic
Preservation Commission shall submit its recommendation to the Bel
Air Board of Town Commissioners including its specific reasons for
recommendation and provide the Board of Town Commissioners with a
proposed resolution for designation of a site, structure or district
as historic. The Board of Town Commissioners shall consider approval
or denial of the proposed resolution for designation of a site, structure
or district based on the Historic Preservation Commission recommendation.
In addition to the authority to recommend areas
for historic preservation designation, the Historic Preservation Commission
shall have the following powers and duties:
A.Â
To acquire, develop and preserve historic or cultural
properties, buildings, fixtures, furnishings, facilities, collections
and appurtenances, with approval of the Board of Town Commissioners.
B.Â
To acquire and hold real and personal property of
historic or cultural significance by purchase, gift, devise or bequest
and to preserve and administer such properties, with approval of the
Board of Town Commissioners.
C.Â
To accept gifts, grants, legacies, bequests and endowments for any purpose, with approval of the Board of Town Commissioners, as set forth in § 246-1 hereof.
D.Â
To accept or otherwise acquire historic preservation
easements on properties located in or adjacent to a locally designated
historic district upon approval by the Board of Town Commissioners.
E.Â
To direct studies, reports and surveys to identify
historical, archaeological or architecturally significant sites, structures
and districts that exemplify the cultural, social, economic, political
or architectural history of the Town of Bel Air, State of Maryland
or the nation.
F.Â
To prescribe appropriate rules and regulations for
the transaction of business.
G.Â
To adopt rehabilitation and new construction design
guidelines and criteria for construction, alteration, reconstruction,
moving and/or demolition of structures and/or districts consistent
with those generally recognized by the Maryland Historic Trust. These
guidelines shall be used by the Historic Preservation Commission in
review of applications.
H.Â
To perform all the functions and duties as set forth
in Article 66B, § 8.01 et seq. of the Maryland Annotated
Code, as amended from time to time.
I.Â
To undertake any action or activity necessary or appropriate
to the implementation of its powers and duties and the implementation
of the purpose of this chapter.
A.Â
Application for certificate. Before the construction,
alteration, repair, moving or demolition of a structure is undertaken
on any designated site or structure within a designated district,
if an exterior change is involved which would affect the historic,
archaeological or architectural significance of a designated site
within a designated district, any portion of which will be visible
from public way, the person, firm, or corporation proposing to make
such change shall file with the Historic Preservation Commission,
through the Department of Planning and Community Development, an application
for a certificate of approval to construct, alter, repair, move or
demolish the site or structure. Every such application shall be referred
to and considered by the Historic Preservation Commission and accepted
or rejected by the Historic Preservation Commission. An application
which is substantially identical to a rejected application may not
be resubmitted to the Commission within one year after rejection.
No permit for any such change may be granted until the Historic Preservation
Commission has acted thereon as hereinafter provided.
B.Â
Application review. In reviewing applications, the
Historic Preservation Commission shall give consideration to:
(1)Â
The historic, archaeological or architectural significance
of the site or structure and its relationship to the historic, archaeological
or architectural significance of the surrounding area;
(2)Â
The relationship of the exterior architectural features
of the structure to the remainder of the structure and to the surrounding
area;
(3)Â
The general compatibility of the proposed exterior
design, scale, proportion, arrangement, texture and materials to the
site or structure and to the surrounding area; and
(4)Â
Any other factors, including aesthetic factors, which
the Historic Preservation Commission deems to be pertinent.
C.Â
The Historic Preservation Commission shall consider
only exterior features of a structure and shall not consider any interior
arrangements.
D.Â
The Historic Preservation Commission shall not disapprove an application except with respect to the several factors specified in Subsection B above.
E.Â
The Historic Preservation Commission shall be strict
in its judgment of plans for those sites or structures determined
by research to be of historic, archaeological or architectural significance.
The Historic Preservation Commission shall be lenient in its judgment
of plans for sites or structures of little historic, archaeological
or architectural significance or for plans involving new construction,
unless such plans would seriously impair the historic, archaeological
or architectural significance of surrounding sites or structures.
The Historic Preservation Commission is not required to limit new
construction, alteration, or repairs to the architectural style of
any one period.
F.Â
If an application for a certificate of approval is
submitted for construction, reconstruction or alteration affecting
a site or the exterior of a structure or for the moving or demolition
of a structure, the preservation of which the Historic Preservation
Commission considers to be of unusual importance to Harford County
or the Town of Bel Air, or unusual importance to the entire state
or nation, the Historic Preservation Commission shall attempt with
the owner of the structure to formulate an economically feasible plan
for the preservation of the site or structure. Unless in these circumstances
the Historic Preservation Commission is satisfied that the proposed
construction, alteration, or reconstruction will not materially impair
the historic, archaeological or architectural significance of the
site or structure, the Historic Preservation Commission shall reject
the application, filing a copy of its rejection with the Building
Official.[1]
G.Â
If an application for a certificate of approval is
submitted for construction, reconstruction or alteration or for moving
or demolition of a site or structure that the Historic Preservation
Commission considers to be of unusual importance and no economically
feasible plan can be formulated, the Historic Preservation Commission
shall have 90 days from the time it concludes that no economically
feasible plan can be formulated to negotiate with the owner and other
parties in an effort to find a means of preserving the site or structure.
Where the demolition of a site or structure is approved hereunder,
the Historic Preservation Commission may require plans for construction
of a replacement building in accordance with powers granted under
this section in order to preserve the historic, architectural and
property value of sites or structures of the surrounding area.
H.Â
In the case of a structure considered to be valuable for its historic, archaeological or architectural significance, the Historic Preservation Commission may approve the proposed construction, reconstruction or alteration, moving or demolition despite the fact that the changes come within the provisions of Subsection F above if:
(1)Â
The site or structure is a deterrent to a major improvement
program which will be of substantial benefit to the Town of Bel Air;
(2)Â
Retention of the site or structure would cause undue
financial hardship to the owners; or
(3)Â
The retention of the site or structure would not be
in the best interests of a majority of persons in the community.
I.Â
No construction, reconstruction or alteration of the exterior of any site or structure or the moving or demolition of a site or structure shall be permitted on a property after the Historic Preservation Commission has served notice on the affected property owner that the historic preservation designation process has begun, as defined in this section, without the approval of the Historic Preservation Commission. Application for such approval shall be made to the Historic Preservation Commission. The Historic Preservation Commission shall act on the proposed designation as hereinafter provided. The Historic Preservation Commission shall have 45 days from the date of such application for approval either to grant such approval or to introduce a designation resolution on the proposed historic site or district to the Board of Town Commissioners in accordance with § 246-4 of this chapter. A building permit shall be issued if, at the end of such 45 days, the Historic Preservation Commission has not either granted such approval or submitted said designation resolution. If a designation resolution is introduced to the Board of Town Commissioners during the forty-five-day period, no building permit shall be issued until the Board acts on said resolution. If the Board rejects the resolution, the building permit shall be issued immediately thereafter. If the Board passes the resolution, the applicant shall follow permit requirements for a historic district property as herein described.
J.Â
The Historic Preservation Commission shall file with
the Building Official a certificate of its approval, modification,
or rejection of all applications and plans submitted to it for review.
Work shall not be commenced on any such project until such a certificate
of approval has been filed, and the Building Official shall not issue
a building permit for such change or construction unless and until
he has received such a certificate of approval. The failure of the
Historic Preservation Commission to act upon an application within
45 days from the date the application was filed with the Historic
Preservation Commission 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 Historic Preservation
Commission.[2]
K.Â
Routine maintenance. Nothing in this chapter shall
be taken or construed to prevent routine maintenance that does not
alter the exterior fabric or features of a designated site, structure
or district, customary farming operations or landscaping which will
have no material effect on the historic, archaeological or architectural
significance of a designated site, structure or district. Nothing
in this chapter affects the right to complete any work covered by
a permit or authorization issued prior to the effective date of this
chapter.
A.Â
In the event of demolition by neglect, the Historic
Preservation Commission may request the Department of Planning and
Community Development 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 deterioration
or prevent further deterioration.
B.Â
Prior to the issuance of a written notice, the Historic
Preservation Commission may request the Department of Planning and
Community Development 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 record or
measure the deterioration.
C.Â
The notice shall provide that corrective action shall
commence within 30 days of the receipt of said notice and be completed
within a reasonable time thereafter. 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 the receipt
of the notice, request a hearing on the necessity of the items and
conditions contained in the notice. In the event a public hearing
is requested, it shall be held by the Historic Preservation 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 Historic Preservation Commission determines
may have an interest in the proceedings.
D.Â
If, after the public hearing, the Historic Preservation
Commission determines that the corrective actions remain necessary,
the Historic Preservation Commission may request that the Department
of Planning and Community Development issue a final notice detailing
the corrective action which shall commence within 30 days from the
date of the hearing decision and be completed within a reasonable
time thereafter.
E.Â
Upon failure, neglect, or refusal of the property
owner or other responsible person, duly notified, to take the corrective
action specified in the final notice within the time required, the
Historic Preservation Commission may request that the Department of
Planning and Community Development institute any of the remedies and
penalties provided by law for such violations.
The Historic Preservation Commission may designate
the Maryland Historical Trust to make an analysis of and report recommending
the preservation of sites, structures, or districts of historic, archaeological,
architectural, or cultural significance within the Town of Bel Air.
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.
[Amended 11-16-2009 by Ord. No. 728-09; 10-3-2022 by Ord. No. 810-22]
Any party aggrieved by a decision of the Historic
Preservation Commission has the right to appeal to the Bel Air Board
of Appeals as authorized by the Land Use Article of the Annotated
Code of Maryland. An appeal to the Board of Appeals shall be taken
in accordance with Article V of the Town of Bel Air Development Regulations.
Appeals must be filed within 30 days from the date of the Historic
Preservation Commission's decision.
All meetings of the Historic Preservation Commission
shall be open to the public. Any interested person or his representative
is entitled to appear and be heard by the Historic Preservation Commission
before it reaches a decision on any matter. The Historic Preservation
Commission shall keep an open record of its resolutions, proceedings,
and actions which shall be kept available for a period of three years
for public inspection during reasonable business hours.
The Historic Preservation Commission shall have
the authority to prescribe appropriate rules and regulations in order
to carry out the purpose and intent of this chapter.
