[Adopted 9-9-1988 by Res. No. 35-88; amended in its entirety 1-7-2003 by Ord. No. 2-03]
The Board of County Commissioners of Calvert County desires to encourage the restoration and preservation of structures having historic or architectural value located in designated historic districts or designated as local historic landmarks and to provide certain real estate tax credits in connection with such improvements and reconstruction as authorized by Section 9-204 of the Tax – Property Article of the Annotated Code of Maryland, as amended.
[Amended 5-20-2014 by Ord. No. 19-14]
There shall be allowed a tax credit on County real property taxes based upon the funds expended by a private owner taxpayer for restoration and preservation of any structure having historic or architectural value which is located within any historic district or is designated as a local historic landmark by the Chesapeake or North Beach Town Councils. The tax credit shall be in an amount equal to 25% of the owner(s) expenses, indicated by properly documented receipts for such restoration and preservation.
Subject to the approval of the Calvert County Historic District Commission, the cost of restoration or preservation of the following items shall be eligible for the tax credit:
Any external work, such as windows and doors, performed to restore the structure to its historic appearance.
Repair and replacement to structural members (external and internal).
Repair or replacement of floors.
Repair or replacement of fireplaces and chimneys.
Other items as approved by the Calvert County Historic District Commission.
The Calvert County Historic District Commission shall only take action upon tax credit applications for preservation or restoration work submitted prior to the start of the preservation or restoration work proposed for tax credits. The Historic District Commission shall take preliminary action on the application for tax credits within the time required for two consecutive regular meetings of the HDC, after all pertinent information has been received. Determination of eligibility shall be made within the meaning of Section 9-204 of the Tax-Property Article of the Annotated Code of Maryland. It is the intent of this article that the Historic District Commission be liberal in such determination.
In the event of an emergency situation facing an historic district or historic landmark property such as fire or storm damage that requires urgent repairs to protect the integrity of the building structure, the Calvert County Historic District Commission may grant retroactive approval to the application upon a finding of actual emergency. Other requirements for approval of tax credits still apply, except that costs reimbursed by insurance or otherwise would not be eligible for tax credit.
The tax credits referred to herein shall not be allowed until the receipts required by this article have been filed with the Calvert County Historic District Commission, accompanied by the oath or affirmation of the owner taxpayer, on such forms prescribed by the Historic District Commission and approved by the Historic District Commission. The receipts must be those for actual expenses in connection with the restoration and preservation previously approved by the Historic District Commission. The Historic District Commission shall take final action on the application for tax credit within the time required for two consecutive regular meetings of the Historic District Commission.
The tax credit referred to herein shall be allowed for the County tax year immediately subsequent to the year in which the restoration or preservation work is completed, and any unused portion of this tax credit may be carried forward to subsequent tax years, not to exceed four tax years.
If for any reason a property granted a tax credit by this article ceases to be a locally designated historic district or historic landmark, the owner/taxpayer may be required to refund such tax credits. Should said property cease to be a locally designated historic district or historic landmark through no action of the owner, there shall be no refund of the tax credits required. Should the property owner initiate the action that results in the property ceasing to be a locally designated historic district or historic landmark, the property owner is liable to refund all tax credits received to that date.
The Calvert County Historic District Commission is required to submit to the County Commissioners a report on the tax credit program by May 31 of each year.
[Amended 5-20-2014 by Ord. No. 19-14]
This article shall generally take effect from the date of approval of the regulations by the Board of County Commissioners and shall be applicable to restoration and preservation work for which application is made after August 9, 1988. The tax credit allowable by § 136-2 shall be effective in the property tax year commencing on July 1, 2014.