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HomeMy WebLinkAbout20221102_Agenda Packet Rev Gregory Smith, Chair Vernell Doyle Lloyd Yavener, Vice Chair Michael Lushbaugh Ann Aldrich Kourtney Lowery Brianna Candelaria Jeffrey A. Cline, BOCC Rep HISTORIC DISTRICT COMMISSION OF WASHINGTON COU NTY, MARYLAND WWW.WASHCO-MD.NET 747 Northern Avenue | Hagerstown, MD 21742 | P: 240.313.2430 | F: 240.313.2431 | TDD: 7-1-1 AGENDA November 2, 2022, 7:00 p.m. Washington County Administration Complex, 100 West Washington Street, Room 2001, Hagerstown, MD 21740 CALL TO ORDER AND ROLL CALL MINUTES 1. Minutes of the October 5, 2022 meeting * NEW BUSINESS 1. 2022-05384 – Lot (Discussion/Support) - 1,848 sq. ft. finished space one story modular dwelling on full unfinished basement, covered front porch, open rear porch, pre- engineered roof trusses * 2. 2022-05464 – 18840 Sandyhook Road- (Discussion/Support) - 725 sq. ft. attached open wrap around deck to front and right of dwelling, composite decking, vinyl railing, with (2) 25 sq. ft. landings and steps to grade (Sandy Hook Rural Village) * OLD BUSINESS 1. Historic Property Incentives Ordinance (DRAFT) – (Discussion/Consensus) - For review and comment on the concepts and programs presented. * OTHER BUSINESS 1. Staff Report a. Staff Reviews * b. 2023 Meeting Calendar * c. MAHDC Training Confirmation (HPC 200. Connecting with your Community: Communication, Education, and Outreach) ADJOURNMENT UPCOMING MEETING 1. Wednesday, December 7, 2022, 7:00 p.m. *attachments The Historic District Commission reserves the right to vary the order in which the cases are called. Individuals requiring special accommodations are requested to contact the Washington County Planning Department at 240- 313-2430 to make arrangements no later than ten (10) days prior to the meeting. Notice is given that the agenda may be amended at any time up to and including the meeting. MINUTES OF THE HISTORIC DISTRICT COMMISSION FOR WASHINGTON COUNTY October 5, 2022 The Washington County Historic District Commission held its regular monthly meeting on Wednesday, October 5, 2022 at 7:00 p.m. in the Washington County Administration Complex, 100 W Washington Street, Room 2001, Hagerstown, MD. CALL TO ORDER AND ROLL CALL The Chairman called the meeting to order at 7:00 p.m. Commission members present were: Greg Smith, Chairman, Lloyd Yavener, Vernell Doyle, Michael Lushbaugh, Brianna Candalaria, and Ann Aldrich. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Meghan Jenkins, GIS Coordinator and HDC Staff member; and Debra Eckard, Administrative Assistant. MINUTES Motion: Ms. Aldrich made a motion to approve the minutes of the September 7, 2022 meeting. The motion was seconded by Mr. Lushbaugh. Discussion: Before the vote, Ms. Aldrich asked for clarification on the second item under the Staff Report portion of the minutes. Following a brief discussion, it was agreed that the minutes would be amended. Motion and Vote: Ms. Aldrich amended her motion to approve the minutes of the September 7, 2022 meeting as amended. The motion was seconded by Mr. Lushbaugh and unanimously approved. NEW BUSINESS Permit 2022-04976 – 4265 Main Street, Rohrersville Ms. Jenkins presented a new construction permit application to replace a rear two-story covered porch at property located at 4265 Main Street in the Rohrersville Rural Village. Currently, the second floor porch is enclosed with vinyl and has several points of failure leading to the infiltration of insects and birds (according to the owner). The owner is proposing to remove the enclosure on the second floor and convert it to an open balcony with railing. They are also proposing to replace the support columns on the first floor and leave the existing concrete slab. Materials are proposed to be a combination of wood and vinyl clad in order to reduce maintenance and pests. The stone and brick exterior walls will remain as well as the recently replaced roof with half round gutters. Discussion: There was a brief discussion regarding materials to be used and other improvements to the structure. Members commended the owners for their efforts in maintaining and rehabilitating this historic property. Motion and Vote: Mr. Yavener made a motion to recommend approval of the permit. The motion was seconded by Mr. Lushbaugh and unanimously approved. Demo Permit 2022-04877 – 18614 Burnside Bridge Road Ms. Jenkins presented a demolition permit application of a 2,776 square foot, 2-story single family dwelling and foundation for property located at 18614 Burnside Bridge Road. The owners intend to build a new one-story, handicapped accessible dwelling on this site. Ms. Jenkins stated the structure is lacking integrity due to multiple additions that have been placed on the structure over time. She noted there are numerous structural issues to both the structure and its foundation. Discussion and Comments: Mr. Light, representing the property owners, stated that all salvageable materials will be repurposed. Motion and Vote: Mr. Lushbaugh made a motion to support approval of the demolition permit. The motion was seconded by Mr. Yavener and unanimously approved. Demo Permit 2022-04701 – 3833 Harpers Ferry Road Ms. Jenkins presented a demolition permit application of a 968 square foot two-story, two bedroom, one bath single-family dwelling at 3833 Harpers Ferry Road in the Antietam Rural Village. This property is directly across from property owned by the USA National Park Service as part of the C&O Canal. Ms. Jenkins noted there is significant overgrowth which limits the visibility of the front of the house and the entire rear of the property is overgrown with dense bamboo. The main house has significant deterioration and water infiltration with multiple points of siding, fascia and roof failure visible. Surrounding vegetation has grown into and damaged the main building. The outbuilding also shows significant deterioration. The property owners have contacted several contractors regarding the clearing of the land and remodeling the house. They have been advised that the extensive water damage and mold would make this cost- prohibitive and a health hazard. Motion and Vote: Mr. Lushbaugh made a motion to support approval of the demolition permit. The motion was seconded by Ms. Doyle and unanimously approved. OTHER BUSINESS Staff Report Ms. Jenkins provided a written report of staff reviews for the previous month. Ms. Jenkins reported the following: • The Historic Tax Credit Ordinance updates draft has been finalized and is being sent to the County Treasurer’s office for their review and comment. After we receive comments from the Treasurer’s office, the document will be sent to Budget & Financial and Grants Management for review and comment as well. Discussion: There was a discussion regarding the demolition a historic structure (dated 1811) on Rowe Road. These property owners were contacted in July of 2022 regarding historic tax credits to help in the preservation of the structure. Unfortunately, the owners proceeded with demolition without the appropriate permits. Historic Tax Credits Update Ms. Baker stated that in addition to the existing tax credits, staff is proposing two new programs which will be presented to, and hopefully adopted, by the County Commissioners. She briefly described these two programs to members. One program would be an Historic Easement where the owner agrees to perform ordinary maintenance for 10 years in exchange for a 100% property tax credit. If the owner opts out of the program before the 10 year expiration, all taxes would have to be repaid to the County. Inspections for ordinary maintenance would be performed by County staff. The second program would be the establishment of a grant program. Funding and tracking needs to be discussed with Budget & Finance and Grants Management as well as a maximum yearly limit. Discussion and Comments: Ms. Aldrich suggested that the HDC invite other historic district commissions and municipalities to a meeting on a yearly basis to discuss historic preservation efforts. Ms. Jenkins noted that the CLG program hosts an event similar to this. Ms. Aldrich suggested that it would be on a County level instead of a state level. Ms. Jenkins announced that the draft will be presented to the Commission members at the next meeting including MOUs with the Towns. ADJOURNMENT Mr. Lushbaugh made a motion to adjourn the meeting at 8:20 p.m. The motion was seconded by Ms. Aldrich and so ordered by the Chairman. UPCOMING MEETING The next meeting is scheduled for November 2, 2022 at 7:00 p.m. Respectfully submitted, _______________________________________ Jill L. Baker, Director Washington County Dept. of Planning & Zoning HISTORIC DISTRICT COMMISSION MEMORANDUM To: Washington County Historic District Commission From: Meghan Jenkins, GISP, GIS Coordinator - Historic District Commission Staff Date: October 20, 2022 Subj: Residential New Construction Permit/Modular Home, 2022-05384 Staff Report and Analysis Property Owner: HOOD JEFFREY, Applicant: Corey's Construction Location: LOR Chestnut Ave, Lot 15 Tax Account ID: 14001042 Map/Grid/Parcel/Lot: 0014/0019/0019/ Legal Description: LOT 15 PT 13 130X150S/S CHESTNUT ST Zoning: Rural Village Zoning Overlay: Rural Business Overlay Rural Village: WA-IV-019, Pen Mar (MHT-C) Historic Rural Village Project Description: 1,848 sq. ft. finished space one story modular dwelling on full unfinished basement, covered front porch, open rear porch, pre-engineered roof trusses Applicable Law and Review Criteria: The HDC is enabled through Article 20 of the Zoning Ordinance for Washington County, MD. Specifically Section 20.3.a states: "The Commission shall act upon all applications as required by Section 20.6, Historic Preservation district, Section 5D.4, Rural Village District and Article 20A, Antietam Overlay District of this Ordinance." The HDC shall consider only exterior features of a structure that would affect the historic, archeological, or architectural significance of the site or structure, any portion of which is visible or intended to be visible from a public way. It does not consider any interior arrangements, although interior changes may still be subject to building permit procedures. 1. The application shall be approved by the HDC if it is consistent with the following criteria: A. The proposal does not substantially alter the exterior features of the structure. B. The proposal is compatible in character and nature with the historical, cultural, architectural, or archeological features of the site, structure, or district and would not be detrimental to achievement of the purposes of Article 20 of the County Zoning Ordinance. HISTORIC DISTRICT COMMISSION C. The proposal would enhance or aid in the protection, preservation and public or private utilization of the site or structure, in a manner compatible with its historical, archeological, architectural, or cultural value. D. The proposal is necessary so that unsafe conditions or health hazards are remedied. E. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and subsequent revisions are to be used as guidance only and are not to be considered mandatory. 2. In reviewing the plans for any such construction or change, the HDC shall give consideration to and not disapprove an application except with respect to the factors specified below. A. The historic or architectural value and significance of the site or structure and its relationship to the historic or architectural value and significance of the surrounding area. B. The relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding area. C. The general compatibility of exterior design, scale, proportion, arrangement, texture, and materials proposed to be used. D. Any other factors, including aesthetic factors, that the Commission deems to be pertinent. 3. The HDC shall be strict in its judgment of plans for those structures, sites, or districts deemed to be valuable according to studies performed for districts of historic or architectural value. The HDC shall be lenient in its judgment of plans involving new construction, unless such plans would seriously impair the historic or architectural value of surrounding structures. For Rural Villages, additional review criteria for applications are listed in Section 5D.5 Architectural Review of the Zoning Ordinance and include: 1. The exterior appearance of existing structures in the Rural Village, including materials, style, arrangement of doors and windows, mass, height and number of stories, roof style and pitch, proportion. 2. Building Size and Orientation 3. Landscaping 4. Signage 5. Lighting 6. Setbacks 7. Accessory structures Secretary of Interior Standards which may be applicable to this project review include: 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. HISTORIC DISTRICT COMMISSION Washington County Design Guidelines for Historic Structures which may be applicable to this project review include: Guidelines for New Construction and Accessory Buildings (Page 71) 1. New construction should be sited to avoid demolition of contributing structures. 2. The design of new construction or new accessory buildings should be compatible with the form, height, scale, proportions, materials and details of the adjacent contributing structures or landscapes. 3. Consideration of the ratio of built versus open space of the site or the adjacent landscape should be given. 4. Existing setbacks, landscaping or site grading of adjacent historic resources should be preserved when siting new construction if those characteristics contribute to the historic site or its landscape. This includes circulation routes, fences, walls, and yards, etc. 5. Locate new construction and new accessory buildings so that the existing significant visual and special characteristics of the property are maintained. 6. Locate new construction and new accessory buildings so that significant viewsheds are maintained or enhanced. 7. See also Key Themes. (p. 57) Staff Report: This property is in the Pen Mar Rural Village in the North Eastern portion of Washington County and is situated at the corner of Maryland Avenue and Chestnut Avenue in the village. The project proposes an 1,848 sq. ft. finished space one story modular dwelling on full unfinished basement with a covered front porch and open rear porch. The site was the subject of a zoning appeal in January of 2022 (AP2022-002) for the proposed use of a Bed and Breakfast within a single family future dwelling. This permit results from the granting of that zoning appeal and the proposal moving forward. Pen Mar’s period of significance ranges from 1878 through 1943 covering a wide range of architecture. The majority of the contributing buildings in the district are wood construction single family homes. According to the MIHP, “virtually every street includes modest one-story cottages…with simple lines, without any notable detailing”. The property slopes back gently from the Maryland Avenue frontage. The property does not currently contain any existing historic structures though there are stone fences on the Roosevelt Avenue side and foundation remnants or stone walls on the south side of the property which may be part of the original Crout’s Hotel. There are also also some remnants of use such as a stone fence along the Roosevelt Avenue and around some trees and fence posts of both metal and wood on the property. It is wooded with a minimal disturbance of that area proposed by the permit. The property is #31 in the MIHP and listed as the site of the Crout’s Hotel. The listing states “wooded comer lot surrounded by a short dry-stone wall. On this site stood the Crout's Hotel, one of the many hotels in this resort area and one of three large hotels which stood within the district, none of which are extant. A short stone obelisk, approximately 2 feet in height, memorializes a dog and is set along the Roosevelt Avenue side of the lot; it was carved by Leon Werdebaugh and Roy Moore and originally was on the Park View Hotel property, diagonally across Chestnut Street to the northwest. It was relocated to its present site c. 1970.” HISTORIC DISTRICT COMMISSION Staff Analysis: The site does not contain any existing resources but may have archaeological value due to the structures and uses previously occurring on the property. The project does not indicate that any disturbance of this area is proposed. The architectural styles in the rural village vary as do setbacks and the proposed construction is consistent with styles seen and setbacks nearby. The buildings orientation and placement on the site’s Maryland Avenue frontage will be consistent with adjacent properties. Details on the exact exterior trim elements are not known, however, it is proposed to have asphalt shingles and vinyl siding both of which already occur in the village. The included plans show flat arches for windows with minimal trim which are noted as common in the MIHP for this village. The construction proposed does not conflict with the County Design Guidelines or the Secretary of Interior Guidelines which are applicable to this construction type. The characteristics detailed in this application have been reviewed against the characteristics listed in Section 5D.5 Architectural Review of the Zoning Ordinance and do not appear to detract from the rural village. Staff Recommendation: Recommend support of approval of this new construction permit, 2022-05384, in the Pen Mar Historic Rural Village, due to the proposed constructions consistency with the County’s Design Guidelines for Historic Structures, Secretary of Interior Standards for Rehabilitation and Section 5D.5 Architectural Review as listed in the County’s Zoning Ordinance based on details provided in the Staff Analysis of the project. Respectfully Submitted, Meghan Jenkins, GISP Historic District Commission Staff Attachments: • Site Photos provided by Staff • Permit Submission Packet • Historic Comments from AP2022-002 1 2 3 4 Gregory Smith, Chair Vernell Doyle Lloyd Yavener, Vice Chair Michael Lushbaugh Ann Aldrich Kourtney Lowery Edith Wallace Jeffrey A. Cline, BOCC Rep HISTORIC DISTRICT COMMISSION OF WASHINGTON COU NTY, MARYLAND WWW.WASHCO-MD.NET 100 West Washington Street, Suite 2600 | Hagerstown, MD 21740 | P: 240.313.2430 | F: 240.313.2431 | TDD: 7-1-1 DATE: February 4, 2022 TO: Washington County Board of Zoning Appeals Attn: Kathryn Rathvon FROM: Meghan Jenkins, Historic District Commission Staff SUBJECT: Zoning Appeal, AP2022-002, Corner of Chestnut Ave and Maryland Ave Cascade, MD Thank you for the opportunity to review and comment on the referenced zoning appeal. Pen Mar is a historic rural village in Washington County and exterior changes to contributing historic structures and new construction are reviewable by the Historic District Commission for approval. The HDC also provides comments on applications which may affect the character and setting of the rural village. The HDC reviewed the information provided with the referenced appeal at their February 2, 2022, meeting and provides the following comments for your consideration during the review process. Pen Mar has historically been associated with similar uses, such as vacation homes and vacation home rentals. The proposed use of a Bed and Breakfast would not affect the historic nature of the village as it is in line with those historic uses. The proposed minimal site disturbance and setbacks for the use are like those throughout the village and will both blend the use with its existing surroundings and retain the character of Pen Mar’s streetscapes. Again, the HDC does not believe this proposed use would adversely affect the historic rural village or its contributing historic structures, therefore, the HDC has no objections to this zoning appeal. HISTORIC DISTRICT COMMISSION MEMORANDUM To: Washington County Historic District Commission From: Meghan Jenkins, GISP, GIS Coordinator - Historic District Commission Staff Date: October 24, 2022 Subj: Residential Addition-Alteration Permit/Porch-Deck-Slab, 2022-05464 Staff Report and Analysis Property Owner: DEENER PATRICK LYNN, Applicant: Patrick Deener Location: 18840 SANDYHOOK Road Tax Account ID: 11006604 Map/Grid/Parcel/Lot: 0087/0020/0101/ Legal Description: LOT 0.7008 ACRES18840 SANDYHOOK RD Zoning: RV; EC Refer to Map Rural Village: Sandy Hook (MHT-C) Historic Rural Village – WA-III-032 Project Description: 725 sq. ft. attached open wrap around deck to front and right of dwelling, composite decking, vinyl railing, with (2) 25 sq. ft. landings and steps to grade Applicable Law and Review Criteria: The HDC is enabled through Article 20 of the Zoning Ordinance for Washington County, MD. Specifically Section 20.3.a states: "The Commission shall act upon all applications as required by Section 20.6, Historic Preservation district, Section 5D.4, Rural Village District and Article 20A, Antietam Overlay District of this Ordinance." The HDC shall consider only exterior features of a structure that would affect the historic, archeological, or architectural significance of the site or structure, any portion of which is visible or intended to be visible from a public way. It does not consider any interior arrangements, although interior changes may still be subject to building permit procedures. 1. The application shall be approved by the HDC if it is consistent with the following criteria: A. The proposal does not substantially alter the exterior features of the structure. B. The proposal is compatible in character and nature with the historical, cultural, architectural, or archeological features of the site, structure, or district and would not be detrimental to achievement of the purposes of Article 20 of the County Zoning Ordinance. HISTORIC DISTRICT COMMISSION C. The proposal would enhance or aid in the protection, preservation and public or private utilization of the site or structure, in a manner compatible with its historical, archeological, architectural, or cultural value. D. The proposal is necessary so that unsafe conditions or health hazards are remedied. E. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and subsequent revisions are to be used as guidance only and are not to be considered mandatory. 2. In reviewing the plans for any such construction or change, the HDC shall give consideration to and not disapprove an application except with respect to the factors specified below. A. The historic or architectural value and significance of the site or structure and its relationship to the historic or architectural value and significance of the surrounding area. B. The relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding area. C. The general compatibility of exterior design, scale, proportion, arrangement, texture, and materials proposed to be used. D. Any other factors, including aesthetic factors, that the Commission deems to be pertinent. 3. The HDC shall be strict in its judgment of plans for those structures, sites, or districts deemed to be valuable according to studies performed for districts of historic or architectural value. The HDC shall be lenient in its judgment of plans involving new construction, unless such plans would seriously impair the historic or architectural value of surrounding structures. For Rural Villages, additional review criteria for applications are listed in Section 5D.5 Architectural Review of the Zoning Ordinance and include: 1. The exterior appearance of existing structures in the Rural Village, including materials, style, arrangement of doors and windows, mass, height and number of stories, roof style and pitch, proportion. 2. Building Size and Orientation 3. Landscaping 4. Signage 5. Lighting 6. Setbacks 7. Accessory structures Secretary of Interior Standards which may be applicable to this project review include: 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. HISTORIC DISTRICT COMMISSION Washington County Design Guidelines for Historic Structures which may be applicable to this project review include: Guidelines for New Construction and Accessory Buildings (Page 71) 1. New construction should be sited to avoid demolition of contributing structures. 2. The design of new construction or new accessory buildings should be compatible with the form, height, scale, proportions, materials and details of the adjacent contributing structures or landscapes. 3. Consideration of the ratio of built versus open space of the site or the adjacent landscape should be given. 4. Existing setbacks, landscaping or site grading of adjacent historic resources should be preserved when siting new construction if those characteristics contribute to the historic site or its landscape. This includes circulation routes, fences, walls, and yards, etc. 5. Locate new construction and new accessory buildings so that the existing significant visual and special characteristics of the property are maintained. 6. Locate new construction and new accessory buildings so that significant viewsheds are maintained or enhanced. 7. See also Key Themes. (p. 57) Staff Report: This property is in the Sandy Hook Rural Village in the Southern portion of Washington County and is situated along the north side of Sandyhook Road. The project proposes the addition of a wraparound deck to the newly constructed 1120 sq. ft. single family dwelling (2022-03024). There are no structures individually listed on the Maryland Inventory of Historic Properties that exist on the property. The property has a concrete and stone retaining wall along a portion of the property directly adjacent to the road. There is also a remaining porch slab and stone foundation walls near the roadway on the west side of the property. There is a small aquifer with stone surround north of the current gravel driveway. The east side of the property is bounded by a stream and tree line and the west side also has a tree line. Between the road and the new home are infrastructure for water and sewer and to the rear of the home are the power lines. The property slopes up from the road toward the rear of the property gradually increasing in slope until the rear of the home where it steeply increases. Staff Analysis: The site does not contain any existing resources but may have archaeological value due to the remaining foundation walls at the front of the property. The project does not indicate that any disturbance of this area is proposed. The porch being proposed does not increase the footprint to significantly impact setbacks that are already varied for this rural village. The typical construction type in the rural village is a 2 story to 1 ½ story with a high basement with many having porches. This structure will be 1 story having the high basement due to slope that is characteristic of the rest of the village and again there are other structures having porches or decks. The construction proposed does not conflict with the County Design Guidelines or the Secretary of Interior Guidelines which are applicable to this construction type. The characteristics detailed in this application have been reviewed against the characteristics listed in Section 5D.5 Architectural Review of the Zoning Ordinance and do not appear to detract from the rural village. HISTORIC DISTRICT COMMISSION Staff Recommendation: Recommend support of approval of this addition-alteration/porch-deck-slab permit, 2022-05464, in the Sandy Hook Historic Rural Village due to the proposed constructions consistency with the County’s Design Guidelines for Historic Structures, Secretary of Interior Standards for Rehabilitation and Section 5D.5 Architectural Review as listed in the County’s Zoning Ordinance based on details provided in the Staff Analysis of the project. Respectfully Submitted, Meghan Jenkins, GISP Historic District Commission Staff Attachments: • Permit Submission Packet BUILDING & ZONING PERMIT IVR/Record No:2022-05464 Applied:10/20/2022 Project No:P2022-0679 Approved: Record Type:Residential Addition- Alteration Permit Status:Review Inspector Area: B4 Job Address:18840 SANDYHOOK Road Location:LOR 18840 Sandy Hook Road Tax Acct ID:11006604 Zoning District:RV; EC Floodplain:No Owner:DEENER PATRICK LYNN Applicant:Patrick Deener 18850 Arthur Lane Konxville MD 21758 Phone No:(240)772-6846 Contractor: Phone No: Description:725 sq. ft. attached open wrap around deck to front and right of dwelling, composite decking, vinyl railing, with (2) 25 sq. ft. landings and steps to grade Foundation Size:14x45 Construction Type:Porch-Deck-Slab Type of Heat: Public Sewer: Public Water: Gas: Electric: Yes Yes Exterior Finish: Air Conditioning: Septic: Time Existed: Well: Time Existed: Valuation:$10,000.00 No. of Bathrooms: Code Enforced:2018 IRC No. of Half Bathrooms: No. of New Bedrooms: No. of Exist. Bedrooms: Setbacks Proposed Minimum Required Lot Tract Area Front Yard Setback Rear Yard Setback Left Side Setback Right Side Setback Lot Width 0.7008 acres 85 122.47 22.27 47.56 20,000 sq. ft. 25 25 8 8 * All final State Fire Marshal inspections (850), if required, must be scheduled directly through the State Fire Marshal's office at 301- 766-3888. This permit has been reviewed by the Washington County Permitting Department and meets all applicable local and state codes and ordinances. Should you have any questions, please contact our department at 240-313-2460 between the hours of 7:30 a.m. through 4:30 p.m., Monday through Friday. HISTORIC PROPERTIES INCENTIVE ORDINANCE Adopted XX,XX,XXXX 1 AN ORDINANCE TO REPEAL AN ORDINANCE ENTITLED “AN ORDINANCE TO PROVIDE PROPERTY TAX CREDITS FOR IMPROVEMENTS TO SPECIFIED HISTORIC STRUCTURES IN WASHINGTON COUNTY, MARYLAND” AND TO REENACT, WITH AMENDMENTS, THE WASHINGTON COUNTY HISTORIC PROPERTIES INCENTIVES ORDINANCE. RECITALS In recognition that historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability, the County has an obligation to create incentives to benefit owners of such properties and thus encourage them to enter that land into historic preservation programs. All lands within historic preservation areas have historical, cultural, architectural or design significance and owners, residents and users of that or adjacent land should be prepared to accept the maintenance of integrity of the property. The Board of County Commissioners of Washington County, Maryland (“the County”) adopted an ordinance entitled “An Ordinance to Provide Property Tax Credits for Improvements to Specified Historic Structures in Washington County, Maryland” on May 5, 1990 (the “1990 Ordinance”). The purpose of the 1990 Ordinance was to encourage preservation and protection of historic structures by granting a County Property Tax Credit on the improvements made to structures in the “HP” Historic Preservation zones and the “AO” Antietam Overlay Zones as defined in the Washington County Zoning Ordinance pursuant to Section 9-204, Tax-Property Article, Annotated Code of Maryland. A public hearing was held on XXXX,XX,XXXX following due notice and advertisement of a fair summary of the amendments proposed to the 1990 Ordinance. Public comment concerning the amendments proposed was received, reviewed and considered. NOW, THEREFORE, BE IT ORDAINED AND ENACTED that the Ordinance entitled“ An Ordinance to Provide Property Tax Credits for Improvements to Specified Historic Structures in Washington County, Maryland”, adopted May 5, 1990, is hereby repealed; and the following Historic Properties Incentive Ordinance is hereby adopted. 2 Table of Contents 1. Purpose of the Ordinance ................................................................................................................................... 4 1.01 The purpose of this Ordinance is to provide for the establishment of Historic Preservation Areas and associated property Tax Credits for Residential Historic Structures, Property Tax Credits for Improvements to Specified Historic Structures and the Historic Property Grant Program in Washington County, Maryland and to provide for the standards and guidelines under which real property in Washington County is eligible for inclusion or participation in these programs. ............................................. 4 2. Definitions of the Ordinance ............................................................................................................................... 4 2.01 For the purpose of this Ordinance, the following words shall have the following meanings: ............ 4 3. HISTORIC PRESERVATION AREAS ..................................................................................................................... 5 3.01 Establishment of a Historic Preservation Area. .......................................................................................... 5 3.02 Procedures for Historic Preservation Areas ............................................................................................... 5 3.03 Qualifying Criteria for Historic Preservation Areas .................................................................................... 6 3.04 Project Review for Historic Preservation Areas .......................................................................................... 7 3.05 Ordinary Maintenance Inspections in a Historic Preservation Area ...................................................... 10 3.06 Addition to an Existing Historic Preservation Area ................................................................................. 10 3.07 Continuation of a Historic Preservation Area ........................................................................................... 10 3.08 Termination and Alteration of a Historic Preservation Area ................................................................... 11 3.09 Real Property Tax Credit – Historic Preservation Areas .......................................................................... 13 3.10 Amount of Tax Credit – Historic Preservation Areas ............................................................................... 13 3.11 Severability – Historic Preservation Areas ................................................................................................ 14 4. PROPERTY TAX CREDITS FOR IMPROVEMENTS TO SPECIFIED HISTORIC STRUCTURES ...................... 15 4.01 Establishment of Real Property Tax Credits for Improvements on Historic Properties ...................... 15 4.02 Duration of Real Property Tax Credits for Improvements on Historic Properties ................................ 15 4.03 Eligibility for Real Property Tax Credits for Improvements on Historic Properties .............................. 15 4.04 Qualified municipalities for Real Property Tax Credits for Improvements on Historic Properties .... 16 4.05 Time for filing of application for Real Property Tax Credits for Improvements on Historic Properties 16 4.06 Calculation for Real Property Tax Credits for Improvements on Historic Properties .......................... 17 4.07 Qualifying Expenses for Real Property Tax Credits for Improvements on Historic Properties .......... 17 4.08 Application Review for Real Property Tax Credits for Improvements on Historic Properties ............ 18 4.09 Termination of Real Property Tax Credits for Improvements on Historic Properties .......................... 18 5. HISTORIC PROPERTY GRANT PROGRAM ....................................................................................................... 20 3 5.01 Establishment of the Historic Property Grant Program .......................................................................... 20 5.02 Grant Funding Source for Historic Property Grant Program .................................................................. 20 5.03 Grant Amounts for Historic Property Grant .............................................................................................. 20 5.04 Eligibility for Historic Property Grant ........................................................................................................ 20 5.05 Procedures for Historic Property Grant .................................................................................................... 21 5.06 Historic Property Grant Subcommittee .................................................................................................... 22 5.07 Eligible Activities and Expenses for Historic Property Grants ................................................................ 22 5.08 Competitive Selection Criteria for Historic Property Grants .................................................................. 23 5.09 Inspections of Historic Property Grant Program ...................................................................................... 25 5.10 Grant Agreement for Historic Property Grant .......................................................................................... 25 5.11 Disbursement of Historic Property Grant Funds ..................................................................................... 25 4 1. Purpose of the Ordinance 1.01 The purpose of this Ordinance is to provide for the establishment of Historic Preservation Areas and associated property Tax Credits for Residential Historic Structures, Property Tax Credits for Improvements to Specified Historic Structures and the Historic Property Grant Program in Washington County, Maryland and to provide for the standards and guidelines under which real property in Washington County is eligible for inclusion or participation in these programs. 2. Definitions of the Ordinance 2.01 For the purpose of this Ordinance, the following words shall have the following meanings: 2.01a “County” shall mean the Board of County Commissioners of Washington County, Maryland, its departments, divisions and assigns. 2.01b “Historic District Commission” shall mean the Washington County Historic District Commission. 2.01c “Planning Commission” shall mean the Washington County Planning Commission. 2.01d “Planning Department” shall mean the Washington County Department of Planning and Zoning. 2.01e “Ordinary Maintenance” shall mean work for which a building permit may not be required by ordinance, where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a structure or any part thereof to restore the same, as nearly as practical, to its condition prior to the occurrence of such deterioration, decay or damage and does not involve change of materials nor of form. 5 3. HISTORIC PRESERVATION AREAS 3.01 Establishment of a Historic Preservation Area. 3.01a There is a historic preservation area established which qualifies property owners for County Real Property Tax Credits on historically valuable structures, as authorized by § 9-204 and §9-301 of the Tax-Property Article of State Code. 3.01b One or more owners of real property in Washington County that is listed on the Maryland Inventory of Historic Properties, individually or as a contributing structure to a district, may voluntarily file a petition with the Historic District Commission, in the form prescribed by the Commission, requesting the establishment of a Historic Preservation Area composed of the real property owned by the petitioners. All real property to be located within a Historic Preservation Area shall be titled the same. 3.01c If the petition is approved, the petitioners shall execute a Historic Preservation Area Agreement in the form prescribed by the Commission, agreeing, among other things, that the following covenants, conditions and restrictions shall run with the real property for so long as the Agreement remains in effect: i) The landowner agrees to the review, approval, or disapproval of any exterior changes proposed for the property as defined in Section 3.04. ii) The landowner agrees to the regular inspection and documentation of the property, including photography. iii) The landowner agrees to the ordinary maintenance and retention of the structures and landscape. 3.01d The landowner may apply for permanent easement programs for the land or structures within the Area. 3.02 Procedures for Historic Preservation Areas 3.02a After receipt of a petition to establish a Historic Preservation Area: i) The Historic District Commission shall inform the County Commissioners whether the proposed area meets the qualifications established in this ordinance and associated regulations and whether the Historic District Commission recommends establishment of the area. 6 3.02b If the Historic District Commission recommends approval, the County shall hold a public hearing on the petition. Adequate notice of hearing shall be provided to landowners in the proposed area and to landowners adjacent to the proposed area. 3.02c If the Historic District Commission does not recommend approval, the petition may be taken to the Planning Commission in order for them to inform the County whether establishment of the area is compatible with existing and approved State and County plans, programs, and overall County policy, and whether the planning and zoning body recommends establishment of the area. 3.02d If neither the Historic District Commission nor the Planning Commission recommends approval, the petition shall be deemed denied and the County shall notify the landowner or landowners stating the reasons for denial. 3.02e The County may approve a petition for the establishment of a Historic Preservation Area only if: i) The area meets the qualifying criteria established under this Ordinance and any Regulations associated herewith; ii) Approval of the petition has been recommended by either the Historic District Commission or the Planning Commission; and iii) The County has held a public hearing. 3.02f Establishment of an area shall not occur until: i) The County approves the petition; ii) All parties have executed a Historic Preservation Area Agreement; and iii) The Historic Preservation Area Agreement is recorded, by the County, in the Land Records for Washington County. 3.03 Qualifying Criteria for Historic Preservation Areas 7 3.03a The criteria for qualification for Historic Preservation Areas are as follows: i) The property is listed in either the Maryland Historical Trust’s Inventory of Historic Properties or the National Register of Historic Places individually or as a contributing structure; or ii) The property possesses any or all of the historical or cultural significance defined below:;or (1) The historic resource should have significant character, interest, or value as part of the development, heritage, or cultural characteristics of the county, state, or nation; (2) The historic resource could be the site of a significant historic event (3) The historic resource should be identified with a person or a group of persons who influenced society; (4) The historic resource exemplifies the cultural, economic, social, political, or historic heritage of the County and its communities. iii) The property possesses any or all of the architectural or design significance defined below: (1) The historic resource embodies the distinctive characteristics of a type, period, or method of construction or architecture; (2) The historic resource represents the work of a master artisan, architect or builder; (3) The historic resource possesses high artistic value; (4) The historic resource represents a significant and distinguishable entity whose components may lack individual distinction; (5) The historic resource represents an established and familiar visual feature of the neighborhood, community, or County, due to its singular physical characteristics, landscape or historical event. (6) The historic resource is the only example ever existing or remaining of a particular period, style, and material or construction technique. 3.03b Amendments to qualifying criteria occurring after establishment of an area shall not cause the disqualification of the area so long as the Historic Preservation Area remains in effect. 3.04 Project Review for Historic Preservation Areas 8 3.04a The Historic District Commission shall have review, approval or disapproval of projects that affect the exterior of qualified structures or the site within Historic Preservation Areas. 3.04b Exterior changes to the property shall include, but not be limited to, any activity which requires the issuance of a building permit according to the currently adopted Washington County Building Code and subsequent amendments as adopted for use in Washington County and the procedures of the Division of Permits and Inspections. i) Exterior changes requiring a building permit shall provide for the review of appropriateness of the proposed activity, not to change the building permit application procedure. ii) Nothing in this Section shall be construed to exempt any activity from the requirement of a building permit. iii) All permits as required above shall be transmitted to the Commission by the Division of Permits and Inspections. iv) Activities requiring a permit can include but are not limited to construction, reconstruction, relocation, restoration, rehabilitation, modification, enlargement, conversion or demolition of all or any portion of the exterior features of the subject site or structure. 3.04c Any proposed exterior changes to the property shall be reviewed by the Historic District Commission prior to the start of work to ensure that the criteria under which the property qualified for the incentive are not compromised. 3.04d Exterior changes requiring issuance of a building permit shall be submitted to the Division of Permits and Inspections through the Divisions application procedures. Additional information may be requested from the applicant to obtain sufficient review materials for the Historic District Commission’s review of the permit. 3.04e Applications for Certificate of Appropriateness for exterior changes that do not require a building permit shall be submitted to the Department of Planning and Zoning in the form prescribed by the Historic District Commission. 3.04f The Historic District Commission shall render a decision on a completed application within 45 days of receipt of the completed application. Failure to act within the specified time period shall be considered an approval of the application by the Historic District Commission. The 45- day review period may be extended upon agreement by the Historic District Commission and the applicant. 9 3.04g A Certificate of Appropriateness application shall be approved by the Historic District Commission if it is consistent with the following criteria: i) The proposal does not substantially alter the exterior features of the structure including but not limited to: (1) Exterior Design Features or Finishes (2) Scale (3) Proportion (4) Texture (5) Distinctive Materials ii) The proposal is compatible in character and nature with the historical, cultural, architectural, or archeological features of the site, structure, or district and would not compromise the integrity or qualifying criteria for the site. iii) The proposal would enhance or aid in the protection, preservation and public or private utilization of the site or structure, in a manner compatible with its historical, archeological, architectural, or cultural value. iv) The proposal is necessary so that unsafe conditions or health hazards are remedied. v) The proposal is consistent with the Secretary of Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and subsequent revisions and; the Washington County Design Guidelines for Historic Structures and subsequent revisions. 3.04h In reviewing the plans for any such construction or change, the Commission shall give consideration to and not disapprove an application except with respect to the factors specified below. i) The historic or architectural value and significance of the site or structure and its relationship to the historic or architectural value and significance of the surrounding area. ii) The relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding area. iii) The general compatibility of exterior design, scale, proportion, arrangement, texture, and materials proposed to be used. iv) Any other factors including aesthetic factors, which the Commission deems to be pertinent. 3.04i The Commission shall be strict in its judgment of plans affecting contributing structures to the Historic Preservation Area. The Commission shall be lenient in its judgment of plans involving new construction unless such plans would seriously impair the historic or architectural value of surrounding structures or the surrounding area. 10 3.04j The Commission shall deny an application if it finds, based on evidence and information presented to or before the Commission, that the exterior alteration for which the Certificate of Appropriateness is sought would be inappropriate or inconsistent with, (f), (g) or (h) above, or detrimental to the preservation, enhancement, or ultimate protection of the historic structure site or district or the purpose of this Ordinance. i) If the Commission determines that the application should be denied, it shall provide a written statement of the basis for denial with specific references to the goals of this Ordinance. The Commission may also, at its discretion, provide the applicant with suggestions or recommendations for revisions to the proposal. ii) A building permit shall not be issued if the Commission has disapproved the application. iii) Nothing shall prevent the applicant from modifying the application to address suggestions made by the Historic District Commission to meet the purpose of this Ordinance. 3.05 Ordinary Maintenance Inspections in a Historic Preservation Area 3.05a The Historic District Commission or its designee shall inspect the Historic Preservation Area prior to the signing of the Agreement to determine the status and integrity of the property and its architectural features. The inspection shall include, at minimum, the status of the following for each building in the Historic Preservation Area on a form prescribed by the Historic District Commission, including photos: i) Roof, Chimneys and Gutter systems ii) Walls and foundations iii) Windows and Doors iv) Porches and Awnings v) Landscaping, circulation systems 3.05b Subsequent inspections on the property will be compared to the initial to determine if ordinary maintenance is being undertaken. The failure to complete ordinary maintenance or provide a plan for maintenance to the Historic District Commission may result in termination of the Historic Preservation Area. 3.06 Addition to an Existing Historic Preservation Area 3.06a The procedures for adding property to existing areas shall be the same as for the initial establishment of areas. 3.07 Continuation of a Historic Preservation Area 11 3.07a Historic Preservation Areas shall continue in effect indefinitely unless terminated as approved in this Ordinance or Regulations associated herewith. 3.07b Nothing in this Ordinance shall preclude a landowner from selling land within a Historic Preservation Area. A landowner that sells land within a Historic Preservation Area shall notify the County within thirty (30) days after the sale. 3.08 Termination and Alteration of a Historic Preservation Area 3.08a After ten (10) years from the establishment of the district, a landowner may terminate the property’s inclusion in a Historic Preservation Area by giving written notice to the County. Notice of intention to terminate may be submitted to the County at the end of the tenth year of the area’s establishment or anytime thereafter. 3.08b If severe economic hardship occurs, the County may release the landowner’s property from a Historic Preservation Area at any time upon petition by the landowner. The petition shall be in a form prescribed by the County and the County may require such information necessary to determine whether severe economic hardship exists. If the County approves the petition to release the landowner’s property from an area, the County shall prepare the release. 3.08c If an area is terminated prior to the completion of the initial ten (10) year period, the current landowner will be liable to reimburse the County for the property taxes that would have been due if the property tax credit had not been granted as well as applicable interest on those taxes. 3.08d Demolition of structures contributing to the Historic Preservation Area at any point during the agreement period, without the issuance of an approved Certificate of Appropriateness, shall require the current landowner to be liable to reimburse the County for the property taxes that would have been due if the property tax credit had not been granted as well as applicable interest on those taxes. 3.08e Failure to provide for Ordinary Maintenance at any point during the Agreement period will result in notification of the owner that termination and subsequent penalties may be applicable unless the maintenance is performed. 12 3.08f The County may approve alteration or abolishment of the area, if the following occur: i) The integrity, as defined by the evaluation of historical integrity for the National Register and discussed in the Design Guidelines for Historic Properties for Washington County, of the property, within the area has deteriorated causing the area to no longer meet the qualifications under this Ordinance or the Regulations associated herewith; ii) The County has assessed the potential impacts of alteration on the remaining lands in the area; iii) The alteration or abolition of the area has been recommended by the Historic District Commission and the County Planning Commission, and the County has held a public hearing; and iv) The alteration or abolition is approved by the County Commissioners. 13 3.09 Real Property Tax Credit – Historic Preservation Areas 3.09a There is a credit from County Real Property Taxes levied on residential historic structures, if: i) The structures are included in a Historic Preservation Area as provided in this ordinance and; ii) The landowner has executed a Contract with the County agreeing to remain in the Historic Preservation Area for ten (10) years; the Contract may be renewed in five (5) year increments after completion of the initial ten (10) years. And; iii) The landowner agrees to the ordinary maintenance of the structures within the area for a minimum period of 10 years from the date the Area Agreement is recorded in the land records of the County. 3.09b There is a credit from County Real Property Taxes levied on residential historic structures, if: i) The structures are included in a Historic Preservation Area as provided in this ordinance and; ii) The landowner has executed a Contract with the County agreeing to remain in the Historic Preservation Area for ten (10) years; the Contract may be renewed in five (5) year increments after completion of the initial ten (10) years. And; iii) The landowner agrees to the ordinary maintenance of the structures within the area for a minimum period of 10 years from the date the Area Agreement is recorded in the land records of the County. And; iv) The landowner agrees to the retention of the structures within the area for a minimum period of 10 years from the date the Area Agreement is recorded in the land records of the County or; v) The landowner has placed the property in a permanent easement program through the Maryland Historical Trust, which provides additional review and restrictions to the exterior appearance and maintenance of the historic structures as well as demolition protections. 3.10 Amount of Tax Credit – Historic Preservation Areas 3.10a The Amount of the credit granted under Subsection 3.09a of this ordinance is 50% of the County Real Property Tax levied on the structures within the Historic Preservation Area, provided that the total credit may not exceed $3,000, for a period not to exceed the term of the landowner’s Contract with the County. 14 3.10b The amount of the credit granted under Subsection 3.09b of this ordinance is 100% of the County Real Property Tax levied on the structures within the Historic Preservation Area, provided that the total credit may not exceed $3000, for a period not to exceed the term of the landowner’s Contract with the County. 3.10c The tax credits granted by this Ordinance are not cumulative, and in no event shall the total tax credit of the landowner exceed 100% of the County Real Property Tax for the property. 3.11 Severability – Historic Preservation Areas 3.11a If any part of this ordinance shall be held invalid, any such part shall be deemed severable and its invalidity shall not affect the remaining parts of the ordinance. 15 4. PROPERTY TAX CREDITS FOR IMPROVEMENTS TO SPECIFIED HISTORIC STRUCTURES 4.01 Establishment of Real Property Tax Credits for Improvements on Historic Properties 4.01a There is a historic preservation tax credit from County Real Property taxes on historically valuable structures, as authorized by § 9-204 of the Tax-Property Article of State Code. 4.01b The restoration, preservation and new construction activities referred to in this ordinance shall be in conformance with the Secretary of Interior’s Standards and Guidelines for Rehabilitation and subsequent revisions as well as the Washington County Design Guidelines for Historic Structures and subsequent revisions. 4.02 Duration of Real Property Tax Credits for Improvements on Historic Properties 4.02a The owner of a historically valuable structure is eligible for the historic preservation tax credit and may apply for the credit for each year for a period of up to five years, provided the credit is not combined with other optional tax credits as permitted under Title 9 of the Tax- Property Article of the State Code or this Ordinance. 4.02b The tax credits granted by this Ordinance are not cumulative, and in no event shall the total tax credit of the landowner exceed 100% of the County Real Property Tax Bill for the property. If the tax credit for any one year exceeds the amount of the County Real Property Tax Bill for that year, the balance may be carried forward until depleted for up to five (5) years. 4.03 Eligibility for Real Property Tax Credits for Improvements on Historic Properties 4.03a There is a credit from County Real Property Taxes levied on a historically valuable structure for qualified expenses for preservation, restoration, and rehabilitation, if: i) The structure is listed individually on the National Register of Historic Places or contributes to a National Register Historic or Landmark district, and; ii) The structure is located in a qualified municipality as defined in §4.04 of this ordinance. 16 4.03b There is a credit from County Real Property Taxes levied on historic structures for qualified expenses for preservation, restoration, and rehabilitation, if: i) The structure is in the Antietam Overlay 1 – Battlefield Buffer or the Antietam Overlay 2 – Approach as defined by the Washington County Zoning Ordinance; and ii) The structure is listed with the Maryland Historical Trust on the Maryland Inventory of Historic Properties. 4.03c There is a credit from County Real Property Taxes levied on historic structures for qualified expenses for preservation, restoration, and rehabilitation, if: i) The structure is located in a Historic Preservation District as defined by the Washington County Zoning Ordinance. 4.03d There is a credit from County Real Property Taxes levied on historic structures for qualified expenses for preservation, restoration, and rehabilitation, if: i) The structure is in a County adopted Historic Rural Village; and ii) The structure is a contributing resource to the Historic Rural Village. 4.03e There is a credit from County Real Property Taxes levied on historic structures for qualified expenses for preservation, restoration, and rehabilitation, if: i) The structure has a permanent or term easement through the Maryland Historical Trust which provides additional review and restrictions to the exterior appearance and maintenance of the historic structures for the duration of the potential County credit. 4.04 Qualified municipalities for Real Property Tax Credits for Improvements on Historic Properties 4.04a For the purpose of this ordinance, qualified municipalities shall be determined by: i) The municipality has exterior design review requirements, equivalent to those in place for the Historic Preservation District as defined by the Washington County Zoning Ordinance or the Historic Preservation Areas in this Ordinance§3.04, by Town Ordinance or by delegation to the County Historic District Commission of permit review through a recorded Memorandum of Agreement. 4.05 Time for filing of application for Real Property Tax Credits for Improvements on Historic Properties 4.05a An application for the tax credit created by this section shall be filed on or before April 1 immediately before the taxable year for which the credit is sought. If the application is filed after April 1, the credit shall be disallowed that year but shall be treated as an application for a tax credit for the next succeeding taxable year. 17 4.05b Applications for the tax credit created by this section must be submitted prior to the start of the work subject to credits. 4.06 Calculation for Real Property Tax Credits for Improvements on Historic Properties 4.06a The Amount of the credit granted under Subsection 4.03a through 4.03e of this ordinance shall be 25% of the property owner’s qualified expenses for preservation, restoration and rehabilitation of historic properties which are residential or income- producing. 4.06b The amount of the credit granted under Subsection 4.03a through 4.03e of this ordinance shall be 5% of the property owner’s qualified expenses for the construction of architecturally-compatible new construction attached to a qualifying structure. 4.06c The taxation of significant improvements to, and restoration or rehabilitation of, historic or heritage properties qualifying under subsection 4.03a through 4.03e shall be maintained, for a period of up to 10 years, at taxation levels not greater than those in place before the eligible improvements were made. 4.07 Qualifying Expenses for Real Property Tax Credits for Improvements on Historic Properties 4.07a Qualifying expenses which are eligible for consideration of tax credits for the purposes of this section of the ordinance shall be: i) Construction activities which materially add to the value of the structure, considerably prolongs its useful life, or adapts it to a new use; and ii) Qualified Rehabilitation Expenditures (QREs) as defined by 26 USC 47(c)(2)(A). Examples include but are not limited to: (1) Roof Repair and Replacement (2) Chimney Repair and Replacement (3) Window Restoration (4) New Storm Doors/Windows (5) Masonry Repointing (6) Floor Refinishing (7) Structural Repairs (8) Plumbing, electrical and mechanical systems (9) Architectural/Engineering/Consulting Fees (10) Tool/Equipment Rental (11) Repair of historic outbuildings 18 4.07b Qualifying expenses may also include expenses for life safety (e.g. required sprinkler systems, lead paint remediation, etc.) and ADA-Required Improvements. 4.08 Application Review for Real Property Tax Credits for Improvements on Historic Properties 4.08a Application for the Real Property Tax Credits for Improvements on Historic Properties shall be made to the Historic District Commission and at minimum include: i) Sufficient application information for initial determination by the Planning Department to determine if the property is eligible for tax credits. The Planning Department may consult with experts, as necessary, to ensure the property meets applicable criteria and standards for historic significance and integrity before qualifying the structure for the credit. ii) A completed rehabilitation plan which must be approved by the Historic District Commission prior to commencement of rehabilitation work to ensure conformance with the Secretary of Interior’s Standards for Rehabilitation. iii) An application for request for certification of completed work must be reviewed by the Historic District Commission at project completion. (1) The request for certification of completed work will require inspection by designated staff, which may include photography. iv) The Historic District Commission will forward the qualified expenses, determined by the review of the request for certification of completed work, to the County Treasurer within forty-five (45) days of receipt of the completed application. The Treasurer will process the forwarded application for tax credit. v) The Historic District Commission will not determine the dollar amount of the tax credit to be granted nor will it be judging whether or not the cost of the improvement paid by the property owner was appropriate or not. vi) The Planning Department and Historic District Commission may accept as equivalent documentation, for review, completed applications for tax credits at the local, state or federal level which have sufficient information to meet the application criteria listed in this section. vii) The tax credit application shall not be finally approved until the appropriate documentation, on forms prescribed and provided by the Commission or equivalent as listed in this subsection, are supplied. The application must be accompanied by the oath or affirmation of the owner-taxpayer, that the records are those for the actual expenditures in connection with the rehabilitation of the structure or the qualifying new construction. 4.09 Termination of Real Property Tax Credits for Improvements on Historic Properties 4.09a The Tax Credit shall terminate if the property is altered by the owner and no longer complies with the standards by which it became eligible for the credit as a historic property. 19 4.09b The property owner shall be required to refund the entire amount of the tax credit, including applicable interest, from the date the credit was first granted, to the County, if a tax credit is terminated under this section. 20 5. HISTORIC PROPERTY GRANT PROGRAM 5.01 Establishment of the Historic Property Grant Program 5.01a There is a Historic Property Grant Program established to assist in the protection, preservation, and enhancement of Washington County’s rural historic properties as authorized by § 9-204 of the Tax-Property Article of State Code. 5.01b The rehabilitation activities referred to in this ordinance shall be in conformance with the Secretary of Interior’s Standards and Guidelines for Rehabilitation and subsequent revisions as well as the Washington County Design Guidelines for Historic Structures and subsequent revisions. 5.02 Grant Funding Source for Historic Property Grant Program 5.02a The funding source and yearly allocated amount for this grant program shall be: i) Source shall be any listed below or combination thereof: (1) Recordation Tax (2) Ag Transfer Tax (3) General Fund ii) The yearly allocated amount for this grant program shall be a minimum of $150,000 or greater as determined by the County. 5.03 Grant Amounts for Historic Property Grant 5.03a An individual grant cannot exceed $50,000. 5.04 Eligibility for Historic Property Grant 5.04a Eligible applicants include individual property owners and non-profit organizations. i) Applicants must not have outstanding County permit or zoning violations. 21 5.04b Criteria of Eligible properties include: i) Located in unincorporated areas of Washington County; and ii) The landowner has executed a recorded Contract with the County and is in a Historic Preservation Area; or iii) The landowner has placed the property in a Maryland Historical Trust permanent easement, which provides additional review and restrictions to the exterior appearance and maintenance of the historic structures; or iv) The landowner has placed the property in a Historic Preservation District as defined by the Washington County Zoning Ordinance; or v) The property is located in the Antietam Overlay 1 – Battlefield Buffer or the Antietam Overlay 2 – Approach as defined by the Washington County Zoning Ordinance and listed with the Maryland Historical Trust on the Maryland Inventory of Historic Properties; or vi) The property is listed in the National Register of Historic Places, individually or as a contributing property in a National Register District; or vii) The property is determined to be eligible by the Maryland Historical Trust for National Register designation; or viii) The property is in a County adopted Historic Rural Village; and the structure is a contributing resource to the Historic Rural Village. 5.05 Procedures for Historic Property Grant 5.05a Applications will be accepted once a year from December through February and; i) Applications will be reviewed by Department of Planning and Zoning Staff for completeness and have the opportunity to resubmit a revised application. ii) Applicants may revise final applications through March 31st of each year. 5.05b After receipt of a final application for Historic Property Grant: i) The Historic Property Grant Subcommittee shall review and rank the applications based on competitive selection criteria established in this ordinance. ii) Award recommendations will be presented to the Historic District Commission for approval or revision and subsequent recommendation to the County Commissioners. iii) Final award recommendations will be presented to the County Commissioners for approval or revision. 5.05c If neither the Historic Property Grant Subcommittee nor the Historic District Commission recommends the award of grant funding, the grant application shall be deemed denied and the County shall notify the landowner or landowners stating the reasons for denial. 22 5.05d The County may approve a Historic Property Grant only if: i) The property meets the eligibility criteria established under this Ordinance and any Regulations associated herewith; ii) The grant application has been reviewed by the Historic Property Grant Subcommittee; iii) Approval of the grant has been recommended by the Historic District Commission; 5.05e Award of Grant funding shall not occur until: i) The County approves the grant application; ii) All parties have executed a Historic Property Grant Agreement 5.06 Historic Property Grant Subcommittee 5.06a The Historic Property Grant Subcommittee may be appointed by the Historic District Commission Chairperson and shall consist of five (5) members. The chairperson may invite representatives to serve on the committee or may use its own members as the committee. Members may be from, but are not limited to, the following: i) A staff member of the Department of Planning and Zoning ii) A staff member of the Division of Permits and Inspections iii) A member of the Historic District Commission iv) A member of the Historic Advisory Committee v) A staff member of the Office of Grant Management 5.07 Eligible Activities and Expenses for Historic Property Grants 5.07a Costs for work funded by grant funds are NOT eligible for the Washington County Property Tax Credits for Improvements to Historic Specified Historic Structures. 5.07b Eligible Activities include the stabilization, rehabilitation, restoration and/or preservation to the EXTERIOR of a historic property. Examples of Qualified Rehabilitation Expenses include but are not limited to: i) Roof Repair and Replacement ii) Chimney Repair and Replacement iii) Window Restoration iv) Masonry Repointing v) Structural Repairs vi) Repair of historic outbuildings 23 5.07c Ineligible activities include, but are not limited to: i) previously completed rehabilitation work; or ii) rehabilitation work that is underway; or iii) new construction; or iv) Landscaping, with the exception of historic; or man-made objects or features (such as stone walls or fences); or v) projects that do not conform to the 5.01b. 5.07d Eligible expenses for the grant will be those directly associated with the stabilization, rehabilitation, restoration and/or preservation of the property. 5.07e Ineligible expenses are those expenses associated with predevelopment costs necessary to prepare the application, such as fees for architectural plans and/or structural and/or condition assessments or expenses not directly associated with the rehabilitation of the property. 5.07f Work must be completed by a licensed contractor. Contractors must have demonstrated preservation skills and/or experience, as applicable. 5.08 Competitive Selection Criteria for Historic Property Grants 5.08a The Historic District Commission, in coordination with the Historic Property Grant Subcommittee, may adjust the points to be awarded and the subcategories criteria prior to call for applications each year through regular meeting vote; however, the Historic Property – Forty (40) points, Project - Forty (40) points, and Project Management - Twenty (20) points, shall remain overall categories and points for ranking. 5.08b A grant match is encouraged, but not required. Inclusion of a match will be considered during the evaluation and selection process. In-kind matches of labor and materials are permitted. 24 HISTORIC PROPERTY 0-40 points Historic and cultural significance of the resource(s) What is the historical and cultural significance of the property? Does it have local, state, or national significance? Does it contribute to a district? For example, a property with low to medium significance at a local level would score lower than a property with high significance at the local and state and/or national level. Urgency of need for financial assistance Is the property at risk because of development or deferred maintenance? Is there a special window of opportunity for the applicant to rehabilitate this property? Is it critical to the operation of the property? A property at risk of collapse, for example, could be scored at 10 points. County Recognized Program Properties already in a Historic Preservation Area; or Historic Preservation Zoning District; or Antietam Overlay 1 or Antietam Overlay 2 Zoning Overlays; or located in a County adopted Historic Rural Village and a contributing structure to that rural village. 0-10 points 0-10 points 0 or 5 points Diversity of resource types Extent to which the property would expand the diversity of resource types within the current funding cycle. For example, if applicant pool is mostly houses but one consists of a barn, the barn application would score 5 points. Equitable countywide distribution of funds Extent to which the project would contribute to the equitable geographic distribution of the grants funds across the County within the current funding year. For example, if most grant awards or applications have been received from the southern part of the county but one or two applications are from the northern and eastern parts of the county, then those two applications could score 5 points. Continued use of resource Historic resource has an identified use and will not be left vacant 0-5 points 0-5 points 0-5 points PROJECT 0-40 points Retention of historically significant material or details If the property has more extensive and/or original materials, features, and finishes, is extra effort being expended in their retention? For example, if the project involves retaining all the original materials in the resource, then the maximum number of points should be awarded versus a project that calls for the majority of materials to be replaced. Provision for long-term resource preservation Will this project provide long-term protection of the resource? For example, if the project will stabilize or weatherize a resource and protect it from further deterioration, then it should receive the maximum number of points. Leverages funding from other sources Does the applicant provide a match from personal sources or, for non- profits, from donations or other grant sources? Is the match in-kind and does it adequately reflect costs? 0-15 points 0-15 points 0-5 points Realistic and feasible budget Does the budget provide enough detail and rationale to complete the project? 0-5 points PROJECT MANAGEMENT 0-20 points Readiness to initiate and complete the project Can the project begin and finish on schedule? Administrative capability Does the applicant demonstrate a thoughtful and orderly approach to organizing information? Is the proposed project well-presented and does it meet the goals of the program? 0-10 points 0-10 points 25 5.09 Inspections of Historic Property Grant Program 5.09a All phases of the grant process are subject to photography and inspection of the exterior of the historic structure and its site by Washington County staff. 5.10 Grant Agreement for Historic Property Grant 5.10a Successful grant applicants will be required to sign a grant agreement detailing the total award amount, scope of work that defines the final project products, expenses eligible for grant funding, and any additional obligations on behalf of the awardee. 5.10b Projects associated with awarded grant funding must be completed within two (2) years of the date of the grant agreement. 5.10c All work shall be in conformance with the Secretary of Interior’s Standards and Guidelines for Rehabilitation and subsequent revisions as well as the Washington County Design Guidelines for Historic Structures and subsequent revisions. 5.11 Disbursement of Historic Property Grant Funds 5.11a An initial disbursement of 25% to 50% of the grant funds, to be determined by the Historic District Commission, will be awarded at the signing of the grant agreement. 5.11b At 50% completion of the project, an additional 25% of the grant funds can be disbursed upon receipt of paid invoices. 5.11c The remainder of the award will be released upon completion and delivery of financial receipts and photo documentation. 5.11d If project costs are less than the award, the balance will be absorbed back into the program. Record #Type MIHP#Record Status Folder Status Status Date Task Name Comments Approved 05-Oct-22 Historical Review Days in Review:33 Folder Status Status Date Task Name Comments Approved 05-Oct-22 Historical Review Days in Review:21 Folder Status Status Date Task Name Comments Approved 06-Oct-22 Historical Review Days in Review:16 Folder Status Status Date Task Name Comments Passed - Info 11-Oct-22 Historical Review Property had remaining buildings demo'd in 2022 by permit and complex is no longer there. Review of this permit type is not required nor are the structures there so HDC review is passed. Days in Review:0 Folder Status Status Date Task Name Comments Passed - Info 17-Oct-22 Historical Review Property is on the edge of a rural village with no new construction review. Does not need to go before HDC. Days in Review:3 Folder Status Status Date Task Name Comments Passed - Info 10-Oct-22 Historical Review Permit is not in an area reviewable by the HDC. Sent no review contact letter. Days in Review:0 Activity Count:6 Passed - Info Total 1 1 1 1 0 1 0 2 1 1 3 6Total3 Residential New Construction Permit Total 0 Residential Demolition Permit Total 2 Residential Addition-Alteration Permit Total 1 Non-Residential New Construction Permit Total 0 Floodplain Permit Total 0 Review Activities Summary Application Type Application Approved 14-Oct-22 S-88-5 20760 GAPLAND ROAD, LOT 9 2,990 SQ. FT. FINISHED SPACE TWO STORY SINGLE FAMILY DWELLING ON FULL UNFINISHED WALKOUT BASEMENT WITH ROUGH IN FOR FUTURE BATH, PELLET STOVE FIREPLACE IN GREAT ROOM, ATTACHED THREE 2022-05297 Non-Residential New Construction Permit V123 Approved 10-Oct-22 10-Oct-22 LOR 14904 ORCHARD RIDGE ROAD INSTALLATION OF (2) 20 FOOT LIGHT POLES WITH 5 FIXTURES, 1 FIXTURE ON THE BUILDING, UNDERGROUND CONDUITS CHURCH OF THE BRETHREN STONE BRIDGE INC. 2022-05284 Residential New Construction Permit Review 10-Oct-22 20-Sep-22 LOR 4265 MAIN STREET REPLACE REAR TWO STORY COVERED PORCH, ON FIRST FLOOR REPLACE PORCH POSTS, EXISTING CONCRETE SLAB TO REMAIN, ON SECOND FLOOR CONVERT 168 SQ. FT. ENCLOSED SUNROOM TO A COVERED BALCONY 2022-05277 Floodplain Permit I356 Review 07-Oct-22 11-Oct-22 SP-22-027 11159 HOPEWELL ROAD THIS IS A FLOODPLAIN PERMIT SUBMISSION IN ACCORDANCE WITH THE ENGINEERED SITE PLAN FOR 11159 HOPEWELL ROAD LOCATED IN WASHINGTON COUNTY, MARYLAND. PER THE COMMENTS FROM THE COUNTY, WE ARE APPLYING FOR THIS FLOODPLAIN PERMIT AS IT 2022-04976 Residential Addition- Alteration Permit III164 Approved 20-Sep-22 02-Sep-22 3833 HARPERS FERRY ROAD DEMOLITION OF 968 SQ. FT. TWO STORY, TWO BEDROOM, ONE BATH SINGLE FAMILY DWELLING 2022-04877 Residential Demolition Permit II0366 Approved 14-Sep-22 14-Sep-22 LOR 18614 BURNSIDE BRIDGE ROAD DEMOLITION OF 2,776 SQ. FT. 2 STORY SINGLE FAMILY DWELLING AND FOUNDATION, ALL SALVAGED MATERIAL TO BE REPURPOSED 2022-04701 Residential Demolition Permit Approved 01-Sep-22 Historic Review Activity 09/24/2022 thru 10/20/2022 Open Date Date Assigned Location Description Workflow Info DEPARTMENT OF PLANNING & ZONING PLANNING | ZONING | LAND PRESERVATION | FOREST CONSERVATION | GIS WWW.WASHCO-MD.NET 100 West Washington Street , Suite 2600 | Hagerstown, MD 21740 | P: 240.313.2430 | F: 240.313.2431 | TDD: 7-1-1 2023 HISTORIC DISTRICT COMMISSION MEETINGS The Historic District Commission meets at 7:00 p.m. in the Washington County Administration Building 100 West Washington Street, Room 2001 January 4, 2023 February 1, 2023 March 1, 2023 April 5, 2023 May 3, 2023 June 7, 2023 July 5, 2023 August 2, 2023 September 6, 2023 October 4, 2023 November 1, 2023 December 6, 2023 The Historic District Commission reserves the right to cancel and/or change the meeting dates and times as needed.