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For the purposes of this Chapter, the following words and phrases have the following meanings:
Appurtenances and environmental setting: The entire parcel, as of the date on which the historic resource is designated on the master plan, and structures thereon, on which is located an historic resource, unless reduced by the District Council or the commission, and to which it relates physically and/or visually. Appurtenances and environmental settings shall include, but not be limited to, walkways and driveways (whether paved or not), vegetation (including trees, gardens, lawns), rocks, pasture, cropland and waterways.
Board: The County Board of Appeals of Montgomery County.
Commission: The historic preservation commission of Montgomery County as described hereinafter.
Demolition by neglect: The failure to provide ordinary and necessary maintenance and repair to an historic site or an historic resource within an historic district, whether by negligence or willful neglect, purpose or design, by the owner or any party in possession of such a site, which results in any of the following conditions:
(a) The deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist.
(b) The deterioration of exterior walls, roofs, chimneys, windows, the lack of adequate waterproofing or deterioration of interior features or foundations which will or could result in permanent damage, injury or loss of or to the exterior features.
Director: The Director of the Department of Permitting Services, or the Director's designee.
Exterior features: The architectural style, design and general arrangement of the exterior of an historic resource, including the color, nature and texture of building materials, and the type of style of all windows, doors, light fixtures, signs or other similar items found on or related to the exterior of an historic resource.
Historic district: A group of historic resources which are significant as a cohesive unit and contribute to the historical, architectural, archeological or cultural values within the Maryland-Washington Regional District and which has been so designated in the master plan for historic preservation.
Historic resource: A district, site, building, structure or object, including its appurtenances and environmental setting, which is significant in national, state or local history, architecture, archeology or culture. This includes, but is not limited to, all properties on the "Locational Atlas and Index of Historic Sites in Montgomery County."
Historic site: Any individual historic resource that is significant and contributes to the historical, architectural, archeological or cultural values within the Maryland-Washington Regional District and which has been so designated in the master plan for historic preservation.
Permit: An historic area work permit issued by the Director authorizing work on an historic site or an historic resource located within an historic district.
Planning Board; The Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission.
Preservation easement means an easement held by the County to protect, maintain, or otherwise conserve an historic resource. (Ord. No. 9-4, § 1; 1989 L.M.C., ch. 4, § 1; Ord. No. 11-59; Ord. No. 13-37, § 1; Ord. No. 13-114, § 1; Ord. No. 14-38, § 1; 14-51, § 1.)
(a) As part of the general plan for the physical development of that portion of the county within the Maryland-Washington Regional District, there shall be prepared, adopted and approved a master plan for historic preservation which shall constitute an amendment to the general plan for the Maryland-Washington Regional District. Such plan shall designate historic sites and historic districts and describe their boundaries; it shall propose means for the integration of historic preservation into the planning process; and it shall suggest other measures to advance the goals of historic preservation.
(b) In considering historic resources for designation as historic sites or historic districts, the planning board shall apply the following criteria:
(1) Historical and cultural significance. The historic resource:
a. Has character, interest or value as part of the development, heritage or cultural characteristics of the county, state or nation;
b. Is the site of a significant historic event;
c. Is identified with a person or a group of persons who influenced society; or
d. Exemplifies the cultural economic, social, political or historic heritage of the county and its communities.
(2) Architectural and design significance. The historic resource:
a. Embodies the distinctive characteristics of a type, period or method of construction;
b. Represents the work of a master;
c. Possesses high artistic values;
d. Represents a significant and distinguishable entity whose components may lack individual distinction; or
e. Represents an established and familiar visual feature of the neighborhood, community or county due to its singular physical characteristic or landscape.
(c) (1) Within 4 years from the date the District Council designated an individual historic resource, the District Council may approve an amendment to the Master Plan for Historic Preservation if:
(A) when the resource was designated as an individual historic site, it was recommended as part of a historic district by the Planning Board but was not recommended by the Board for designation as an individual historic site; and
(B) when the resource was recommended for inclusion in a historic district, the notice given to the subject property’s owner by the Historic Preservation Commission or the Planning Board indicated that the resource might be included in a historic district but did not indicate the possibility of an individual site designation.
(2) After advertising and holding a public hearing, the District Council may:
(A) vacate the District Council’s previous action to designate the resource as an individual site;
(B) include the resource within the boundary of the historic district; or
(C) affirm the District Council’s previous action.
(3) Any change to the Master Plan for Historic Preservation under this subsection must be transmitted to the Maryland-National Capital Park and Planning Commission for its adoption. (Ord. No. 9-4, § 1; Ord. No. 11-59; Ord. No. 16-60, § 1.)
Editor’s note—Section 24A-3 is cited in Montgomery Preservation, Inc. v. Montgomery County Planning Board, 197 Md. App. 388, 14 A.3d 1 (2011).
(a) Created. There is a Historic Preservation Commission of Montgomery County, Maryland.
(b) Membership. The Commission has 9 members appointed by the County Executive and confirmed by the County Council. Each member must be a resident of the County. The 4 fields of history, architecture, preservation and urban design must be represented by a minimum of 1 member qualified by special interest, knowledge, or training. The remaining members of the Commission should, to the extent possible, represent the geographical, social, economic, and cultural concerns of the residents of the County.
(c) Officers. The County Executive must appoint the Chair and Vice-Chair of the Commission, who serve at the Executive’s pleasure. The Executive must consider the Commission’s recommendation when appointing officers of the Commission.
(d) Term. The term of each member is 3 years. A member serves until a successor is appointed and qualified.
(e) Vacancy. Any vacancy in the membership of the Commission caused by the expiration of a term, by resignation or death, by a superseding incapacity to discharge duties, by a removal for cause, or by any other cause, must be filled for a new term, or for the remainder of the term for which there is a vacancy as the case may be, in the same manner as provided in paragraph (b).
(f) Removal for cause. The County Executive may remove a member from the Commission for cause.
(g) Compensation. A member of the Commission must serve without compensation.
(h) Regulations. The Commission must adopt, under Method (2) of Section 2A-15, rules, guidelines, and regulations that are necessary for the proper transaction of the business of the Commission. This includes provisions governing contested cases before the Commission.
(i) Meetings. The Commission must hold regular meetings which, in its discretion, are necessary to perform its duties. Such meetings must be open to the public.
(j) Staff. The Chief Administrative Officer must provide appropriate staff to the Commission and make available to the Commission services and facilities that are necessary or appropriate for the proper performance of its duties. The County Attorney must serve as counsel to the Commission. (Ord. No. 9-4, § 1; 1984 L.M.C., ch. 24, § 26; Ord. No. 11-59; FY 1991 L.M.C., ch. 9, § 1; Ord. No. 19-08, §1.)
Cross reference-Boards and commissions generally, § 2-141 et seq.
The Commission has the following powers and duties:
(a) To research historic resources and to recommend to the planning board that certain of them be designated as historic sites or historic districts on the master plan for historic preservation and, hence, be subject to the provisions of this chapter.
(b) To recommend to the planning board, as needed, any update to the inventory of historic resources which is contained in the "Locational Atlas and Index of Historic Sites in Montgomery County."
(c) To act upon applications for historic area work permits and other matters referred to it for action pursuant to the provisions of this chapter.
(d) To appoint members to local advisory panels to assist and advise the commission on the performance of its functions.
(e) To recommend programs and legislation to the council and the planning board to encourage historic preservation in the Maryland-Washington Regional District.
(f) To review any legislation and proposals affecting historic preservation, including preparation of master plans, and to make recommendations on such legislation and proposals to appropriate authorities.
(g) To serve as a clearinghouse for information on historic preservation for county government, individuals, citizens' associations, historic societies and local advisory committees; to provide information and educational materials for the public; and to undertake activities to advance the goals of historic preservation in the county.
(h) To employ or hire consultants or other temporary personnel, consistent with county contract provisions, as deemed necessary to assist the commission in the accomplishment of its functions; such consultants or other personnel shall be compensated as may be provided for in the county budget.
(i) To administer an historic preservation easement program and any revolving funds or grant programs to assist in historic preservation.
(j) To advise the planning board, in the event of subdivision of land containing an historic resource, on the appurtenances and environmental setting necessary to preserve it.
(k) To delineate the extent of appurtenances and environmental setting associated with an historic site or resource. (Ord. No. 9-4, § 1; 1989 L.M.C., ch. 4, § 1; Ord. No. 11-59; Ord. No. 19-08, §1.)
Editor’s note—Section 24A-5 is quoted in Montgomery Preservation, Inc. v. Montgomery County Planning Board, 197 Md. App. 388, 14 A.3d 1 (2011).
(a) Required. An historic area work permit for work on public or private property containing an historic resource must be issuedpursuant to the provisions of this chapter before:
(1) Constructing, reconstructing, moving, relocating, demolishing or in any manner modifying, changing or altering the exterior features of any historic site or any historic resource located within any historic district.
(2) Performing any grading, excavating, construction or substantially modifying, changing or altering the environmental setting of an historic site or an historic resource located within an historic district;
(3) Erecting or causing to be erected any sign or advertisement (with the exception of those signs which temporarily advertise for sale an historic site or an historic resource located within an historic district, or which for a temporary period advertise a political viewpoint) on the exterior or on the environmental setting of any historic site or any historic resource located within any historic district.
(b) Exceptions. Nothing in this section shall be construed to require the issuance of an historic area work permit for any ordinary maintenance, repair of exterior features, any customary farming operations or any landscaping, which will have no material effect on historic resource located within an historic district, of which such features are a part. For the purposes of clarification of this section, the commission shall develop and publish guidelines regarding what activities constitute ordinary maintenance and shall send a copy of these guidelines by registered mail to all owners of historic resources designated on the master plan.
(c) Disclosure requirements.
(1) Applicants for permits to demolish or substantially alter the exterior features of any historic site or historic resource located within an historic district are required to disclose its identification as such in writing on any application therefor.
(2) Any person who shall undertake any work as stated in subsection (a) of this section without first obtaining an historic area work permit shall be subject to the penalties established in section 24A-11.
(d) Advice of commission prior to application. The commission shall adopt procedures to encourage owners of historic resourcesto seek the advice of the commission prior to filing an application for an historic area work permit, on the appurtenances and environmental setting appropriate to the resource, construction methods and materials, financial information concerning historic preservation or any other matter under this chapter affecting the issuance of a permit. (Ord. No. 9-4, § 1; Ord. No. 11-59.)
(a) Applications. An applicant for an historic area work permit must file an application with the Director. The application must contain all information the Commission requires to evaluate the application under this Chapter.
(b) Referral of application. Within 3 days after the application is complete, the Director must forward the application to the Commission for review.
(c) Public meeting. When the Commission receives the application, the Commission must schedule a public meeting to consider the application.
(d) Notice. The Commission must notify the Director and any citizen or organization that the Commission reasonably determines has an interest in the application of the time and place of the public meeting.
(e) Conduct of Commission meeting. The public meeting on the application must be informal and formal rules of evidence do not apply. The Commission must encourage interested parties to comment and must keep minutes of the proceedings on the application.
(f) Action by the Commission.
(1) The Commission must make a public decision on the application under paragraph (2) not later than 45 days after the applicant files the application or 15 days after the Commission closes the record on the application, whichever is earlier.
(2) The Commission must instruct the Director to issue or deny the permit. The Commission may require the Director to issue the permit with reasonable conditions necessary to assure that work under the permit does not harm the historical, architectural, archeological or cultural value of the historic resource.
(3) If the Commission instructs the Director to deny the permit, the Commission must notify the applicant in writing why the Commission denied the application.
(4) The commission must instruct the Director to issue the permit if the Commission finds that:
(A) denial of the permit would prevent the reasonable use of the property or impose undue hardship on the owner; and
(B) within 120 days after the finding in subparagraph (A), no person seeking preservation has submitted an economically feasible plan for preserving the structure.
(5) If the Commission does not act on an application within the time periods provided in this subsection, the application is approved, unless the applicant agrees to extend the deadline for Commission action.
(g) Miscellaneous provisions.
(1) The applicant for a permit has the burden of production and persuasion on all issues the Commission determines. If another historic preservation organization holds a deed of easement for the property in the application, the applicant must submit proof to the Commission that the organization conducted an exterior architectural review and approved the action for which the applicant is seeking a permit.
(2) (A) The Commission may, by regulations issued under method (2), delegate authority to a County employee qualified in historic preservation and assigned to staff the Commission to review and approve an application for work that commonly has no more than an insignificant effect on an historic resource.
(B) The regulations:
(i) must describe the types of work that staff can review and approve, and require the Commission to review any application that is not clearly subject to staff approval; and
(ii) may waive the public meeting and notice requirements of subsections (c) and (d) for applications clearly subject to staff approval.
(C) If the staff denies or does not act on an application within 5 days after the Commission received the application from the Director, the Commission must review the application de novo.
(D) Staff must report monthly to the Commission and each appropriate Local Advisory Panel about any application reviewed by the staff in the previous month, including the disposition of the application.
(3) A permit may impose conditions that require waiver of a provision of the building code if the waiver is allowed under the "historic structures" provision of the building code adopted under Section 8-14 and the code inspector determines that waiver is appropriate for the specific work covered by the permit.
(4) The Director must enforce this Chapter.
(h) Appeal.
(1) Within 30 days after the Commission makes a public decision on an application, an aggrieved party may appeal the Commission’s decision to the Board of Appeals, which must review the decision de novo. The Board of Appeals may affirm, modify, or reverse any order or decision of the Commission.
(2) A party may appeal a decision of the Board of Appeals under Section 2-114. (Ord. No. 9-4, § 1; Ord. No. 11-59; Ord. No. 13-111, § 1.)
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