[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.
A.
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:
(1)
Any external work, such as windows and doors, performed to restore
the structure to its historic appearance.
(2)
Repair and replacement to structural members (external and internal).
(3)
Repair or replacement of floors.
(4)
Repair or replacement of fireplaces and chimneys.
(5)
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.
