[HISTORY: Adopted by the Mayor and City Council
of the City of Havre de Grace 3-6-2000 by Ord. No. 815. Amendments noted where
applicable.]
[Amended 10-16-2023 by Ord. No. 1122]
The Mayor and City Council of the City of Havre
de Grace derives authority for this chapter by virtue of its conformance
with provisions of the State of Maryland Enabling Act for Historic
Area Zoning (Land Use Article, §§ 8-101 through 8-501,
Annotated Code of Maryland).
A.
The preservation of sites, structures and districts
of historical or architectural significance, together with their appurtenances
and environmental settings, is a public policy in the City of Havre
de Grace.
B.
It is the further purpose of this chapter to:
(1)
Preserve and enhance the quality of life and to safeguard
the historical and cultural heritage of Havre de Grace by preserving
sites, structures, and districts which reflect elements of cultural,
social, economic, political, or architectural history;
(2)
Strengthen the local economy;
(3)
Stabilize and improve property values of such sites,
structures, and districts;
(4)
Foster civic beauty; and
(5)
Promote the preservation and appreciation of such
sites, structures, and districts for the education and welfare of
the residents of Havre de Grace.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them:
Any exterior change that would affect the historic 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.
All that space of grounds and structures thereon which surrounds
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),
fences, freestanding signs, trees, landscaping, pastures, croplands,
waterways, open space, setbacks, parks, public spaces, and rocks.
Any willful neglect in the maintenance and repair of an individually
designated landmark, site, or structure, or a site or structure within
a designated preservation 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, roofs, chimneys, doors, or windows, so as to create or permit
a hazardous or unsafe condition to exist; or
The deterioration of the foundations, exterior
walls, roofs, chimneys, doors, windows, or the lack of adequate waterproofing
which would or could result in permanent damage, injury, or loss of
or loss to foundations, exterior walls, roofs, chimneys, doors, or
windows.
A significant concentration, linkage, or continuity of sites,
structures, or objects united historically, architecturally, or culturally
by plan or physical development. An historic preservation district
shall include all property within its boundaries as defined and designated
by the Mayor and City Council of Havre de Grace.
The architectural style, design, and general arrangement
of the exterior of an historic structure, including the nature and
texture of building material, and type and style of all roofs, windows,
doors, light fixtures, signs, or similar items found on or related
to the exterior of an historic structure.
Any designated site or structure outside the boundaries of
an historic preservation district that is of exceptional historic
or architectural significance.
The process of reproducing by new construction the exact
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 specific period.
The location of an event of historic significance or a structure,
whether standing or ruined, which possesses historic, architectural,
or cultural significance.
A combination of material to form a construction that is
stable, including but not limited to buildings, stadiums, reviewing
stands, platforms, stagings, observation towers, radio towers, 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.
Creation of Historic Preservation Commission. The
Mayor and City Council of Havre de Grace hereby creates a commission
to be called the "Havre de Grace Historic Preservation Commission."
B.
Membership. The Historic Preservation Commission shall consist of 11 members and two alternates appointed by the Mayor with the approval of the City Council. A majority of the members of the Commission shall be residents of the City of Havre de Grace. Each member shall possess a demonstrated special interest, specific knowledge, or professional or academic training in such fields as history, architecture, architectural history, planning, archaeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design, or related disciplines. Nonresident appointees to the Commission must possess professional or academic qualifications as further defined in Subsection C of this section. At least two members of the 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 5-7-2007 by Ord. No. 888; 3-20-2023 by Ord. No. 1096]
C.
Commission membership qualification criteria. 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 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 post-secondary education, employment, or practical experience in one or more of the above-related fields. The requirement for Commission membership under the category of "profession 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 above-related fields.
D.
Terms. Commission members shall be appointed for terms
of three years. Commission members may be reappointed for an indefinite
number of terms. Members shall serve until a successor has been appointed.
E.
Commission officers. The Commission shall elect from
its membership a Chairperson, a Vice Chairperson, and a Secretary.
They shall serve for one-year terms and shall be eligible for reelection.
F.
Vacancy. Any vacancy in the membership of the Commission
caused by the expiration of a term, resignation, death, incapacity
to discharge duties, removal for cause, or any other reason, shall
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
herein for the appointment of the initial members of the Commission.
Any vacancy on the Commission shall be filled by one of the two alternate
members. Unexcused absence at three consecutive regularly scheduled
meetings shall constitute resignation by the member and shall create
a vacancy.
[Amended 5-7-2007 by Ord. No. 888]
G.
Removal for cause. A member may be removed from the
Commission for cause, upon written charges, and after a public hearing,
by the Mayor and City Council of Havre de Grace.
H.
Compensation. Commission members shall serve without
compensation, but may be reimbursed for actual expenses incurred in
the performance of their duties, provided said expenses are permitted
by the budget and approved in advance by the Mayor and City Council
of Havre de Grace.
I.
Meetings. The Commission shall hold such regular meetings
and hearings as necessary to discharge its duties. The Chairperson
may call special meetings as needed. A majority of the members shall
constitute a quorum. If a quorum is unable to be attained due to a
vacancy of one or two members, any alternate in attendance may act
as a substitute for the absent member. All regular meetings shall
be announced in City Hall and open to the public. Minutes of the proceedings
shall be kept preserved by the Commission.
[Amended 5-7-2007 by Ord. No. 888]
J.
Staff. Consistent with the City of Havre de Grace's
policies and procedures, City employees may be assigned to the Commission,
and such services and facilities shall be made available as the City
deems necessary or appropriate for the proper performance of the Commission.
The Historic Preservation Commission shall have
the following powers and duties:
A.
To conduct or direct studies, reports, and surveys
to identify historical or culturally significant site(s), structure(s),
and district(s) that exemplify the cultural, social, economic, political,
or architectural history of Havre de Grace, the state, or the nation;
B.
Consistent with the City's charter, ordinances, resolutions,
policies, and procedures regarding the acceptance and use of gifts
by public officials, to accept and use gifts for the exercise of its
duties;
C.
To prescribe appropriate rules and regulations for
transaction of its business;
D.
To propose for adoption by the Mayor and City Council
of Havre de Grace rehabilitation and new construction design guidelines
and criteria for construction, alteration, reconstruction, moving,
and demolition of designated landmarks, sites, structures, and districts
which are consistent with the Secretary of the Interior's Standards
for Rehabilitation. Guidelines may include design characteristics
intended to meet the needs of particular types of designated landmarks,
sites, structures, and districts, and also may identify categories
of changes that do not require review by the Commission, because the
changes are minimal in nature and do not affect historic or architectural
significance. Where a conflict occurs between the City Building Code[1] and the Secretary of the Interior's Standards for Rehabilitation,
the Secretary of the Interior's Standards for Rehabilitation will
prevail.
E.
Consistent with the City's charter, ordinances, resolutions,
policies, and procedures governing the acquisition of easements, to
accept or otherwise acquire historic preservation easements on designated
landmarks, sites, or structures and, when deemed appropriate by the
Commission, sites or structures located in, or adjacent to, a designated
district; and
F.
To undertake any other action or activity necessary
or appropriate to the implementation of its powers and duties or the
implementation of this chapter.
G.
The Historic Preservation Commission shall appear before the Mayor
and City Council at a regular City Council meeting at least once each
year and report on the Commission's activities, present copies of
the prior year's meeting minutes, and account for any funds raised,
including funding received from the City and expenses paid, and any
other information requested by the Mayor and City Council related
to its operations. In addition, the Commission by its chairman or
designee shall attend at least one annual joint public work session
with the Mayor and City Council along with all of the other City boards,
commissions and committees to facilitate the coordination of activities
and other goals or concerns of the Mayor and City Council.
[Added 3-17-2014 by Ord. No. 954]
H.
Photo documentation.
[Added 3-17-2014 by Ord. No. 954]
(1)
The
Commission in conjunction with the Director of Planning shall use
photo documentation to make a record of and preserve photo street
scapes of the City of Havre de Grace in not less than ten-year intervals
beginning in 2015. Photo documentation shall also take place upon
any annexation or upon significant renovations; demolitions or new
construction that alters the street scape.
(2)
The
Department of Planning shall store, preserve and make available for
public display the photo documentation of the street scapes.
A.
Designation. The Mayor and City Council of Havre de
Grace may designate boundaries for landmarks, sites, structures, or
districts of historic or architectural significance consistent with
adopted criteria for such designation.
B.
Designation procedure. The Historic Preservation Commission
may, after making full and proper study and receiving property owner(s)
concurrence(s), recommend any area within the limits of the City for
designation as a landmark, site, structure, or district of historic
or architectural significance. The Commission may also recommend boundaries
for such landmarks, sites, structures, or districts. The recommendations
shall be submitted to the Mayor and City Council for approval, amendment,
or disapproval.
C.
Declaration
of historic designation. Upon approval of historic designation by
the Mayor and City Council, the subject property shall be identified
by name and historic inventory number and shall be added to the City
of Havre de Grace Historic Landmarks List kept on file and available
for public inspection at the City's Department of Planning. The
City Department of Planning will share this declaration with Harford
County for their historic landmarks records. The subject property
shall comply with the provisions of this chapter until a request to
remove the designation is approved by the Mayor and Council.
[Amended 10-16-2023 by Ord. No. 1122]
D.
Designated historic landmarks. The City of Havre de Grace Historic
Landmarks List shall be kept on file and available for public inspection
with the Department of Planning.
[Added 10-16-2023 by Ord.
No. 1122]
A.
Application for certificate of appropriateness. Before
the construction, alteration, reconstruction, moving, or demolition
is undertaken of a designated landmark, site, or structure, or site
or structure within a designated district, if an exterior change is
involved which would affect the historic or architectural significance
of a designated landmark, site, or structure, or site or structure
within a designated district, any portion of which is visible or intended
to be visible from a public way, the person, individual, firm, or
corporation proposing to make the construction or change shall file
an application for certificate of appropriateness with the Commission
for approval to proceed with the construction, alteration, reconstruction,
moving, or demolition of the landmark, site, or structure. Every application
shall be referred to and considered by the Commission and accepted
or rejected by the Commission. An application, which is identical
to a rejected application, may not be resubmitted within a period
of one year after the rejection. No certificate of appropriateness
shall be granted until the Commission has acted thereon as hereinafter
provided.
B.
Application review.
(1)
In reviewing applications, the Commission shall give
consideration to:
(a)
The historic or architectural significance of the
landmark, site, or structure and its relationship to the historic
or architectural significance of the surrounding area;
(b)
The relationship of the exterior architectural features
of a landmark or structure to the remainder of the landmark or structure
and to the surrounding area;
(c)
The general compatibility of proposed exterior design,
scale, proportion, arrangement, texture, and materials to the landmark,
site, or structure and to the surrounding area; and
(d)
Any other factors including aesthetic factors which
the Commission deems to be pertinent.
(2)
The Commission shall consider only exterior features
of a landmark or structure and shall not consider any interior arrangements.
(3)
The Commission shall not disapprove an application except with respect to the several factors specified in § 97-7B(1) above.
(4)
The Commission shall be strict in its judgment of
plans for sites or structures determined by research to be of historic
or architectural significance. The Commission shall be lenient in
its judgment of plans for sites or structures of little historic or
architectural significance, or of plans involving new construction,
unless in the Commission's judgment such plans would seriously impair
the historic or architectural significance of surrounding sites or
structure. The Commission is not required to limit construction, reconstruction,
or alteration to the architectural style of any one period.
(5)
Special considerations.
(a)
If an application 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 Commission considers to be of unusual importance to the City of
Havre de Grace or of unusual importance to the state or the nation,
the Commission shall attempt to formulate an economically feasible
plan with the owner(s) of the site or structure for the preservation
of the site or structure. Unless the Commission is satisfied that
the proposed construction, alteration, or reconstruction will not
materially impair the historic or architectural significance of the
site or structure, the Commission shall reject the application, filing
a copy of its rejection with the Director of Planning.
[Amended 10-16-2023 by Ord. No. 1122]
(b)
If an application is submitted for construction, reconstruction,
or alteration, or for the moving or demolition of a site or structure
that the Commission considers to be of unusual importance and no economically
feasible plan can be formulated, the Commission shall have 90 days,
from the time it concludes that no economically feasible plan can
be formulated, to negotiate with the owner(s) and other parties in
an effort to find a means of preserving the site or structure.
C.
Commission
decision. The Commission shall file with the Director of Planning
a certificate of appropriateness certifying its approval, modification,
or rejection of each application and plans submitted to it for review.
Work shall not be commenced on any project until such a certificate
of approval has been filed, and the Director of Planning shall not
issue a building permit or historic work permit for such change or
construction unless it has received such a 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.
[Amended 10-16-2023 by Ord. No. 1122]
D.
Expiration. A certificate of appropriateness shall
expire automatically, unless extended by the Commission, if:
(1)
In the case of an application for the demolition,
moving, or alteration of a structure, the work has not commenced within
six months and has not been completed within one year from the date
of issuance of the certificate; or
(2)
In the case of an application for the construction
of a new structure, the work has not commenced within one year from
the date of issuance of the certificate and has not been completed
within three years.
E.
Routine maintenance. Nothing in this chapter shall
be taken or construed to prevent maintenance that does not alter the
exterior fabric or features of a designated landmark, site, or structure,
or landscaping and which will have no material effect on the historic
or architectural significance of a designated landmark, site, structure,
or district.
A.
In
the event of demolition by neglect, the Commission may request the
Director of Planning 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.
[Amended 10-16-2023 by Ord. No. 1122]
B.
Prior to the issuance of a written notice, the Commission may request
the Director of Planning to establish a record of demolition by neglect.
Such 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.
[Amended 10-16-2023 by Ord. No. 1122]
C.
The notice shall provide that corrective action shall commence within
30 days of the receipt of said notice and be complete within a reasonable
time thereafter. The notice shall state that the owner(s) of record
of the property, or any person of record, 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
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.
D.
If, after the public hearing, the Commission determines that the
corrective actions remain necessary, the Commission may request the
Director of Planning to issue a second and final notice to the property
owner or other responsible person to have corrective action taken
to comply with the Commission's determination within 30 days
of the receipt of the final notice.
[Amended 10-16-2023 by Ord. No. 1122]
E.
Upon failure, neglect, or refusal of the property owner or other
responsible person, duly notified to take corrective action specified
in the final notice within the time required, the Commission may request
that the Director of Planning institute any of the remedies and penalties
provided by law for such violations.
[Amended 10-16-2023 by Ord. No. 1122]
The Commission may designate any other organizations
or individuals qualified by interest, training, or experience to make
an analysis of and report recommending the preservation of sites,
structures, or districts of historical, architectural, or cultural
significance within the City of Havre de Grace. 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. The Commission may
designate any other organizations or individuals qualified by interest,
training, or experience to assist in achieving the purposes of this
chapter.
[Amended 10-16-2023 by Ord. No. 1122]
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 of the City of Havre de Grace, in accordance with the terms of Article IV, Board of Appeals, of Chapter 25, Boards, Committees and Commissions, of the Code of the City of Havre de Grace, within 30 days from the date of the Commission's decision.
Any willful violation of the provisions of this
chapter shall be deemed a municipal infraction punishable by a fine
of $100. Each and every day that the violation continues shall be
deemed a separate violation.
