[HISTORY: Adopted by the County Commissioners
of Kent County 11-14-2006 by Bill No. 3-2006.]
A.
The voluntary preservation of sites, structures, and
districts of historical, archaeological, or architectural significance,
together with their appurtenances and environmental settings, is a
public purpose in the County. The Comprehensive Plan recognizes that
the preservation of the County's cultural, historical and archaeological
resources is essential to maintaining our sense of place. This chapter
complies with and supports the implementation of the Comprehensive
Plan.
B.
It is the further purpose of this chapter to:
(1)
Safeguard the heritage of the County by preserving
sites, structures, or districts which reflect elements of the County's
cultural, social, economic, political, architectural, or archaeological
history;
(2)
Stabilize and improve property values of such sites,
structures, or districts;
(3)
Foster civic beauty;
(4)
Strengthen the economy of the County;
(5)
Preserve and enhance quality of life;
(6)
Promote the preservation and appreciation of the sites,
structures, and districts for the education and welfare of the residents
of the County;
(7)
Develop an awareness among property owners of the
value of preserving, protecting, and restoring areas of historical,
archaeological, or architectural significance; and
(8)
Enable the County to identify and officially designate
sites, structures, and districts of historical, archaeological, or
architectural importance to the County in order to make such sites,
structures, and districts eligible for specific benefits that may
be available from various local, state, or federal programs.
For the purposes of the Historic Preservation
Ordinance, the following words and phrases shall have the meanings
respectively ascribed to them:
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.
All that space of grounds and structures thereon which surround
a designated site or structure and to which it relates physically
or visually. Appurtenances and environmental settings shall include,
but not be limited to, walkways and driveways (whether paved or not),
trees, landscaping, pastures, croplands, waterways, open space, setbacks,
parks, public spaces, and rocks.
A certificate issued by the Historic Preservation Commission
indicating its approval of plans for construction, alteration, reconstruction,
moving, or demolition of an individually designated landmark, site,
or structure or of a site or structure within a designated preservation
district.
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, 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.
The deterioration of the foundations, exterior
walls, roofs, chimneys, doors, or windows, the lack of adequate waterproofing,
or the deterioration of interior features which will or could result
in permanent damage, injury, or loss of or loss to foundations, exterior
walls, roofs, chimneys, doors, or windows.
The architectural style, design, and general arrangement
of the exterior of an historic structure, including the nature and
texture of building material, and the type and style of all windows,
doors, light fixtures, signs, or similar items found on or related
to the exterior of an historic structure.
Any designated site or structure outside the boundaries of
a preservation district that is of exceptional historic, archaeological,
or architectural significance.
A significant concentration, linkage, or continuity of sites,
structures, or objects united historically, architecturally, archaeologically,
or culturally by plan or physical development. A preservation district
shall include all property within its boundaries as defined and designated
by the County Commissioners.
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 making possible a compatible use for a property
through repair, alterations, and additions while preserving those
portions or features which convey its historical, cultural, or architectural
values.
See "rehabilitation."
Any building, structure, site, or object that is part of
or constitutes an historic property.
The process of accurately recovering the form and details
of a property as it appeared at a specific period of time by means
of removal of later work and the replacement of work missing from
that period.
The location of an event of historic significance or a structure,
whether standing or ruined, which possesses historic, architectural,
archaeological, or cultural significance.
A combination of material to form a construction that is
stable, including but not limited to buildings, stadiums, reviewing
stands, platforms, stages, 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.
Historic Preservation Commission. The County hereby
creates a commission to be called the "Kent County Historic Preservation
Commission."
B.
Membership. The Historic Preservation Commission shall
consist of seven members appointed by the County Commissioners. At
least six members of the Commission shall be residents and/or property
owners of Kent County. All members 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.
(1)
A nonresident appointee to the Commission must possess
professional or academic qualifications.
(2)
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. A good-faith effort to locate and
appoint such professionals will be made, and documentation as to how
this effort was accomplished shall be retained by the County.
(3)
The County Commissioners may consult other private
societies or agencies to request the names of possible members on
the Commission. Geographic diversity within the County shall be a
goal.
C.
Commission membership qualification criteria. The requirement for Commission membership under the category of "demonstrated special interest" may be satisfied by formal training in one or more of the fields listed in Subsection B. 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-listed fields. The requirement for 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 above-listed fields.
D.
Terms. Commission members shall be appointed for terms
of three years, except that the terms of the initial appointments
shall be staggered so that three members shall serve terms of three
years, two members shall serve terms of two years, and two members
shall serve terms of one year, so that not more than three appointments
shall expire in a given year. Commission members may be reappointed.
E.
Commission officers. The Commission shall elect, from
its membership, a Chairperson and Vice Chairperson. The Chairperson
and Vice Chairperson 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 the appointing authority
within 60 days. In the case of expiration of term, a member may continue
to serve until the member's successor is appointed. Unexcused absence
at three consecutive meetings shall constitute resignation by the
member and shall create a vacancy.
G.
Removal for cause. A member may be removed from the
Commission for cause, upon written charges, and after a public hearing,
by the County Commissioners.
H.
Compensation. The Board of County Commissioners shall
determine from year to year what, if any, expenses and/or salaries
shall be paid the Commission members, and what, if any, budget shall
be set.
I.
Meetings. The Commission shall hold such regular meetings
and hearings as necessary to discharge its duties.
J.
Staff. Consistent with the County's policies and procedures,
employees may be assigned to the Commission, and such services and
facilities shall be made available as the County deems necessary or
appropriate for the proper performance of its duties.
A.
As part of its powers and duties, the Historic Preservation
Commission:
(1)
Shall adopt rules for the organization and conduct
of meetings;
(2)
Shall act upon applications for certificates of appropriateness;
(3)
Shall inform the citizens of the County concerning
the historic and architectural heritage of the County;
(4)
May conduct an ongoing survey to identify historically
and architecturally significant sites, properties, structures and
areas that exemplify the cultural, social, economic, political or
architectural history of the nation, state and County;
(5)
Shall review all petitions for designation to the
Kent County Register of Historic Places and submit recommendations
to the Board of County Commissioners;
(6)
Shall keep a register of all properties, sites and
structures that have been designated as landmarks or historic districts,
including all information required for each designation;
(7)
For areas which are located within a designated historic
site, structure, or district, or which have preservation easements,
the Commission shall review any application for a special exception,
variance, site plan or subdivision, and any legislation or other proposals,
including preparation and amendment of master plans, and may make
recommendations thereon to the appropriate authorities;
(8)
Shall be able to accept and use gifts and services
for the exercise of its functions which are given to the Board of
County Commissioners specifically for use by the Historic Preservation
Commission;
(9)
Shall recommend for adoption rehabilitation and new
construction design guidelines and criteria for construction, alteration,
reconstruction, repair, moving and demolition of property in designated
districts or individually designated sites or landmarks which are
consistent with the Secretary of the Interior's Standards for Treatment
of Historic Properties. Guidelines may include design characteristics
intended to meet the needs of particular types of sites, structures,
and districts, and may identify categories of changes that do not
require review by the Commission because they are minimal in nature
and do not affect historic, archaeological, or architectural significance.
These design guidelines shall be used in the Historic Preservation
Commission's review of applications for certificates of appropriateness;
(10)
May determine an appropriate system of markers
and make recommendation for the design and implementation of specific
markings of the street and routes leading from one site, landmark,
or historic district to another; may confer recognition upon the owners
of landmarks, sites or property or structures within historic districts
by means of certificates, plaques or markers;
(11)
May advise and assist owners of landmarks, sites,
historic properties or structures within historic districts on physical
and financial aspects of preservation, reconstruction, restoration,
renovation, rehabilitation, and reuse, and on procedures for inclusion
on the National Register of Historic Places.
(12)
May, with the written permission of the property
owner(s), nominate landmarks, sites and historic districts to the
National Register of Historic Places and review and comment on any
National Register nomination submitted to the Commission for review;
(13)
May consider applications for economic hardship
that would allow the performance of work for which a certificate of
appropriateness has been denied;
(14)
May research sources of funding for historic
preservation projects and recommend to the Board of County Commissioners
the acceptance of any grant, loan or aid, in any form, from federal,
state or private sources on behalf of the County;
(15)
May, at the request of an owner or applicant,
offer consultation with respect to changes to interior features; and
(16)
Shall review and recommend for action by the
Board of County Commissioners the acquisition of historic preservation
easements on designated landmarks, structures, or sites and, when
deemed appropriate by the Commission, sites or structures located
in, or adjacent to, a designated district, consistent with the County's
ordinances, resolutions, local public law, policies and procedures.
B.
In addition, the Historic Preservation Commission
shall have all the powers and authority enumerated in the Annotated
Code of Maryland, Article 66B, §§ 8.01 through 8.17.,
as presently codified and as may be amended from time to time.
A.
Designation. Upon the receipt of the written permission
of the property owner(s), the County Commissioners of Kent County
may designate boundaries for landmarks, sites, structures, or districts
of historic, archaeological, or architectural significance after a
public hearing thereon, consistent with adopted criteria for such
designation.
B.
Criteria for designation. In considering any property
for designation to the Kent County Register of Historic Places, the
reviewing agencies, boards, or commissions shall consider the following
criteria:
(1)
Historic, archaeological, and cultural significance.
(a)
The property has significant character, interest,
or value as part of the development, heritage, or cultural characteristics
of the County, state, or nation;
(b)
The property is the site of an historic event;
(c)
The property is identified with a person or
group of persons who influenced society; or
(d)
The property exemplifies the cultural, economic,
social, political, or historic heritage of the County and its communities.
(2)
Architectural and design significance.
(a)
The property embodies the distinctive characteristics
of a type, period, or method of construction or architecture;
(b)
The property represents the work of a master
craftsman, architect, or builder;
(c)
The property possesses significant artistic
value;
(d)
The property represents a significant and distinguishable
entity whose components may lack individual distinction;
(e)
The property represents an established and familiar
visual feature of the neighborhood, community, or County, due to its
singular physical characteristics, landscape, or historical event;
or
(f)
The property is a rare example of a particular
period, style, material, or construction technique.
C.
Procedure for petitioning for designation.
(1)
Petitions for designation or expansion shall be filed
with, and on forms provided by, the Kent County Department of Planning
and Zoning.
(2)
The Planning Department shall refer the petition to
the Historic Preservation Commission to determine if the property
contained in the petition meets the requirements for historic designation.
The Planning Department may also notify other appropriate agencies
for comment.
(3)
A petition for a proposed individual site shall be
filed by, or with the written consent of the legal owner or owners
of such site.
(4)
A petition for a proposed historic district shall
be filed by a legal owner or owners of properties within the district.
Designation shall require the written approval of all owners of properties
within the district. Noncontributing structures may be included within
multiple-property districts.
(5)
The Historic Preservation Commission, in a public
meeting, shall determine if the property contained in the petition
does or does not meet the requirements for historic designation as
set forth in this section.
(6)
The recommendation of the Historic Preservation Commission
shall be forwarded to the Planning Commission for a recommendation.
The Department of Planning and Zoning shall forward the recommendations
of the Historic Preservation Commission and the Planning Commission
to the Board of County Commissioners for approval or disapproval.
(7)
Areas of special merit. If a property or district
within Kent County shall be deemed by the Historic Preservation Commission
to possess unusual and special historic value to the citizens of Kent
County, the Historic Preservation Commission may initiate a petition
for historic designation. In this instance, the petition shall first
be sent to the Maryland State Historic Preservation Officer for his
or her concurrence that said property has unusual and special historic
value. If the Maryland State Historic Preservation Officer does concur
with the Historic Preservation Commission, then the petition shall
follow the procedure for designation. A petition for designation of
an Area of Special Merit shall require a favorable vote of the County
Commissioners and the concurrence of the property owner(s) in the
proposed area of special merit to receive historic designation.
D.
Limitations on filing of petitions. If the Board of
County Commissioners declines to designate a property proposed for
designation, the identical petition for designation may not be refiled
within one year of the final decision by the County Commissioners.
If the Board of County Commissioners declines to expand the boundary
of a previously designated historic property, a petition for expansion
which is identical to the rejected petition may not be refiled within
one year of the final decision by the County Commissioners.
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, archaeological,
or architectural significance of a designated landmark, site, or structure,
or structure within a designated district, the person, individual,
firm, or corporation proposing to make the construction or change
shall file an application for a certificate of appropriateness with
the Commission for permission to construct, alter, reconstruct, move,
or demolish the landmark, site, or structure. Every application shall
be referred to and considered by the Commission or, where applicable,
staff, and accepted or rejected by the Commission or, where applicable,
staff. 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
or, where applicable staff, has acted thereon as hereinafter provided.
A.
Application review.
(1)
In reviewing applications, the Commission shall give
consideration to the historic, archaeological, or architectural significance
of the designated landmark, site, or structure and its relationship
to the historic, archaeological, or architectural significance of
the surrounding area; the relationship of the exterior architectural
features of a designated landmark or structure to the remainder of
the landmark or structure and to the surrounding area; the general
compatibility of proposed exterior design, scale, proportion, arrangement,
texture, and materials to the designated landmark, site, or structure
and to the surrounding area; and 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 Subsection A above.
(4)
The Commission shall be strict in its judgment of
plans for sites or structures determined by research to be of historic,
archaeological, or architectural significance. The Commission shall
be lenient in its judgment of plans for sites or structures of little
historic, archaeological, or architectural significance, or of plans
involving new construction, unless in the Commission's judgment such
plans would seriously impair the historic, archaeological, or architectural
significance of surrounding sites or structures. The Commission is
not required to limit construction, reconstruction, or alteration
to the architectural style of any one period.
(5)
Plans for preserving sites and structures.
(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 Kent
County 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, archaeological, or architectural significance of the
site or structure, the Commission shall reject the application, filing
a copy of its rejection with the Department of Planning and Zoning.
(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 and other parties in an effort to find a means of preserving
the site or structure.
(c)
In the case of a site or structure considered
to be valuable for its historic, archaeological, or architectural
significance, the Commission shall approve the proposed construction,
reconstruction, alteration, moving, or demolition despite the provisions
of Subsection (B)(5) of this section if:
[1]
The site or structure is a deterrent to a major
improvement program which will be of substantial benefit to the County;
[2]
Retention of the site or structure would cause
undue financial hardship to the owner; or
[3]
Retention of the site or structure would not
be in the best interests of a majority of persons in the County.
B.
Commission decision. The Commission shall file with
the Department of Planning and Zoning a certificate documenting its
approval, modification, or rejection of each application and plans
submitted to the Commission for review. Work shall not be commenced
and no building permit shall be issued on any project until notification
of approval of a certificate of appropriateness has been received
by the Department of Planning and Zoning from the Commission. 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.
C.
Delegation of certificate of appropriateness to staff.
Staff shall be authorized to issue certificates of appropriateness
for alterations to structures and environmental setting that will
not significantly change the exterior features of an historic site
or contributing structure within an historic district or its environmental
setting and that will have no significant effect on its historical,
architectural, cultural, or archaeological value. Certificates of
appropriateness decisions will comply with the Secretary of the Interior's
Standards for Rehabilitation, where applicable. At the staff's discretion,
an application may be submitted to the Historic Preservation Commission
for approval. The above category shall include, but not be limited
to, such structural work items as:
(1)
Projects that have been reviewed and approved by the
Maryland Historical Trust (MHT), which, in the opinion of staff, meet
the conditions for a certificate of appropriateness.
(2)
In-kind replacement of existing features and minor
repairs and/or modifications to the property that do not significantly
alter its visual character. This shall include such items as:
(a)
Repair or replacement of roof coverings where
there is no change in material;
(b)
Repair or replacement of masonry foundations
where the original foundation material is retained or where new material
matches the original as closely as possible; installation of metal
foundation vents on side and rear only and replacement of wood access
doors; installation of foundation access door that cannot easily be
seen from the public right-of-way;
(c)
Repointing and other masonry repairs when the
color and composition of the mortar matches the original and any new
brick or stone used in the repair work matches the original as closely
as possible;
(d)
Removal of asbestos, asphalt, or other artificial
siding when the original siding is to be repaired and, where necessary,
replaced in kind;
(e)
Replacement of missing or deteriorated siding
and trim and porch floors, ceilings, columns, railings, balusters,
and brackets or other architectural details with new materials that
are identical to the original;
(f)
Replacement of missing architectural details,
provided that at least the following conditions are met:
[1]
At least one example of the detail to be replaced
exists on the house; or
[2]
Physical or documentary evidence exists that
illustrates or describes the missing detail or details; or
[3]
Within an historic district, the proposed replacement
detail is very similar to original details found on at least one structure
within the district that is comparable in terms of style, size, and
age.
(g)
Signs that do not require a sign permit.
(h)
Additions that are not readily visible from
a public right-of-way and/or easily removable, provided that the addition
will not result in the loss of original fabric, impacts to archeological
remains, or substantial changes to the overall character of the structure.
(i)
Installation of gutters painted to match the
house or trim, as long as no significant architectural features are
removed.
(j)
Construction of fences that are compatible with
the visual character of the historic site or the historic district
in terms of material, height, location and design; in-kind replacement
of existing fences or minor alterations to the same that do not significantly
change the original appearance or the material used.
(k)
The construction or replacement of brick, stone,
concrete, or gravel walkways, parking areas, patios, driveways, or
other paved areas that are not readily visible from a public right-of-way
and/or are compatible in material, location, and design with the visual
character of the historic site or district; also, minor repairs to
the above that do not significantly change their appearance or the
material used.
(l)
Landscaping, or the removal or modification
of existing plantings, which is compatible with the visual character
of the historic site or historic district in terms of type, height
and location.
(m)
Construction or replacement of storage and accessory
buildings that are not visible from a public right-of-way, provided
that the addition will not result in the loss of original fabric,
impacts to archaeological remains, or substantial changes to the overall
character of the structure.
D.
General policies. The Commission may, if it so chooses,
review all certificates of appropriateness administered by staff at
the next meeting. Property owners shall retain a right of appeal to
the Commission from staff sign-off. Staff shall refer an application
to the Commission if any uncertainty exists as to whether the application
meets the criteria for issuing a certificate of appropriateness.
E.
Routine maintenance. Nothing in this chapter shall
be taken or construed to prevent maintenance that will have no material
effect on the exterior fabric or features of a designated landmark,
site, structure, or district, or to prevent customary farming operations
or landscaping that will have no material effect on the historic,
archaeological, or architectural significance of a designated landmark,
site, structure, or district.
A.
In the event of demolition by neglect, the Commission
may request the Department of Planning and Zoning to notify, in writing,
the property owner of record as reflected on the tax rolls of Kent
County, 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.
Prior to the issuance of a written notice, the Commission
may request the Department of Planning and Zoning 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.
The notice shall provide that corrective action shall
commence within the time specified by the Commission 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 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
Department of Planning and Zoning corrective action to comply with
the notice within 30 days of the date of the Commission's determination.
E.
Upon failure, neglect, or refusal of the property
owner or other responsible person, duly notified, to take the corrective
action specified in the notice within the time required, the Commission
may request that the Department of Planning and Zoning institute any
of the remedies and penalties provided by law for such violations.
An applicant for a certificate of appropriateness
or owner of a designated property cited for demolition by neglect
may request that the Commission consider economic hardship in making
its decision.
A.
In order to meet the burden of establishing economic
hardship, the applicant must present documentary evidence of the cost
of maintaining or relocating the structure, the estimated cost of
the demolition, the estimated cost of restoring or stabilizing the
building, all other financial information on which the applicant relies
to establish financial hardship, and, if the applicant relies on evidence
of the lack of structural integrity of the structure, a report on
the structural integrity prepared by an engineer licensed in the State
of Maryland, based on the engineer's in-person observations of the
interior and exterior of the structure.
(1)
Costs that are estimated must be supported by written
estimates by persons qualified to provide such estimates and in sufficient
detail to permit the Commission to verify the reasonableness of the
estimate.
(2)
The Commission may find that retention of the structure
would cause the applicant financial hardship if it determines that
the building has been demolished by neglect or natural disaster and
there is no feasible way to restore the building short of rebuilding.
B.
The Commission may endeavor to arrange with the applicant
an economically feasible plan to preserve the structure. The Commission
may pursue this by asking questions of the applicant or requesting
assistance from the Department of Planning and Zoning and other parties,
public or private, in creating such a plan.
C.
If, within 45 days of the initial meeting, no economically
feasible plan can be agreed upon, the Commission may act on the application.
In the event the Commission allows demolition due to an economic hardship,
the Commission shall be permitted to make measured drawings and photographs,
or on-site documentation by some other method, within a mutually agreeable
period of time.
The 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 County. 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.
In the event that any party is aggrieved by
a decision of the Historic Preservation Commission or the Board of
County Commissioners, the party has the right of appeal to the Circuit
Court in accordance with the Maryland Rules of Procedure 7-201 and
following and in accordance with the provisions of Maryland Annotated
Code, Article 66B.
A.
Any person, firm, or corporation, or agent of such,
who or which violates a provision of this chapter by willfully performing
or allowing to be performed any construction, alteration, moving,
demolition (including demolition by neglect) or repair of any structure
within an historic district without first obtaining a certificate
of appropriateness (as required), failing to comply with any final
notice issued pursuant to this subtitle, or disobeying or disregarding
a decision of the Historic Preservation Commission, may be liable
for a civil monetary fine of up to $500, and each day's violation
of the provision hereof shall constitute a separate offense.
B.
In addition to other remedies and penalties:
(1)
Any person or entity who or which demolishes a building
or causes a demolition (including demolition by neglect) in violation
of this chapter may be liable civilly in a sum equal to the replacement
value of the building,
(2)
Where there is any violation of this chapter, the
Department of Planning and Zoning and the Historic Preservation Commission
shall institute appropriate action, where applicable, to prevent,
enjoin, abate or remove such violations.
C.
The Planning Director or the Planning Director's designee
is hereby authorized to enter upon any open land in Kent County for
the purpose of enforcing and implementing this chapter.
The Historic Preservation Commission will review
this chapter every five years to ensure that its provisions meet the
current needs of Kent County. In addition, this chapter may from time
to time be amended, supplemented, changed, modified, or repealed by
the Board of County Commissioners. Any person or officer, department,
board, commission or bureau of the County may petition for such change
or amendment; however, no such change or amendment shall become effective
until after a public hearing in relation thereto, at which parties
in interest and citizens shall have an opportunity to be heard. At
least 14 days' notice of the time and place of such hearing shall
be published in a newspaper of general circulation in the County.
The Board of County Commissioners shall, prior to any public hearing,
refer all proposed changes and amendments to this chapter to the Historic
Preservation Commission for report and recommendations.
If any provision of this chapter or the application
thereof to any person or circumstances is held invalid for any reason,
such invalidity shall not affect the other provisions or any other
application of this chapter which can be given effect without the
invalid provision or application, and to this end, all the provisions
of this chapter are hereby declared to be severable.
The provisions of this chapter shall apply to
all unincorporated lands within the territorial limits of the County.
