CHAPTER 4

TOWN COMMISSIONS

Article 1.  Planning Commission

4-101               Establishment and Purpose of Planning Commission
4-102               Incorporation by Reference
4-103               Membership

Article 2.  Economic and Community Development Commission

4-201               Establishment and Purpose of Community Development Commission
4-202               Community Development Commission; Membership and Meetings
4-203               Economic and Community Development Commission Powers
4-204               Powers Reserved to Board of Town Commissioners
4-205               Action of Previously Established Community Development
                       Commission/Economic Development Commission Ratified

Article 3.  Board of Appeals

4-301               Establishment and Purpose of Board of Appeals
4-302               Incorporation by Reference
4-303               Membership

Article 4.  Appearance and Beautification Committee

4-401               Establishment of Committee
4-402               Purpose
4-403               Membership and Composition
4-404               Officers
4-405               Meetings and Compensation
4-406               Powers and Duties

Article 5.  Historic Preservation Commission

4-501               Purposes and Intent
4-502               Definitions
4-503               Historic Preservation Commission Composition
4-504               Historic Preservation Designation
4-505               Powers Duties and Functions
4-506               Permit Requirements
4-507               Demolition by Neglect
4-508               Maryland Historical Trust
4-509               Appeals
4-510               Commission Meetings
4-511               Rules and Regulations
4-512               Violations
4-513               Severability

Article 6.  Committee on the Elderly and Needy Citizens

4-601               Establishment of Committee
4-602               Purpose
4-603               Membership and Composition
4-604               Officers
4-605               Meetings

Article 7.  Tree Committee

4-701               Establishment of Committee
4-702               Purpose
4-703               Membership and Composition
4-704               Officers
4-705               Meetings and Compensation
4-706               Powers and Duties

Article 8.  Cultural Arts Commission

4-801               Establishment of Commission
4-802               Purpose
4-803               Membership and Composition
4-804               Officers
4-805               Meetings and Compensation
4-806               Powers and Duties

Article 9.  Board of Building Appeals

4-901               Establishment of Board of Building Appeals
4-902               Purpose
4-903               Membership and Qualifications
4-904               Meetings and Compensation
4-905               Powers and Duties

Article 1.  Planning Commission

Section 4-101.             Establishment and Purpose of Planning Commission

Pursuant to the provisions of Sections 3.01, et seq. of Article 66B of the Annotated Code of Maryland (1995 Replacement Volume 5) there is hereby established a Town Planning Commission which shall have all the powers and duties as set forth in Article 66B, Sections 3.01, et seq., as amended from time to time.

Section 4-102.             Incorporation by Reference

With respect to Planning Commission generally, Article 66B, Sections 3.01, et seq., as amended from time to time, are hereby incorporated by reference and made a part hereof.

Section 4-103.             Membership

The Planning Commission shall consist of five (5) members.  Each member shall be a resident of the Town and shall have maintained such residency for a minimum of one (1) year.  At no time shall the Planning Commission hear cases with fewer than three (3) members present.

Article 2.  Economic and Community Development Commission

Section 4-201.             Establishment and Purpose of Community Development Commission

In accordance with the Sections of the Charter of the Town entitled "Community Development", the Town of Bel Air hereby establishes a Community Development Commission for the purpose of acting as the Town's Community Development Agency in carrying out community development projects.  A "community development project" means any undertaking or project, or portion thereof, including lands, buildings and improvements, real, mixed and personal properties or interest therein that is planned, acquired, owned, developed, constructed, reconstructed, rehabilitated, or improved for purposes of creating a healthy economic environment in conjunction with increasing the quality of life in our community or any undertaking or project, or portion thereof, consisting of facilities such as streets, roads, sewer and water lines or other public and private facilities intended for commercial, educational, cultural, recreational, community or other civic purposes as may be deemed necessary for sound community development.

Section 4-202.             Community Development Commission:  Membership and Meetings

The Town Economic and Community Development Commission shall consist of an odd number of members, but not less than five (5) nor more than nine (9).  The members shall be appointed by the Board of Town Commissioners of Bel Air and shall be removable for cause.  Those first appointed shall be appointed to serve for terms as follows:  Of a five (5) member Commission, one (1) shall be appointed to serve for one (1) year, two (2) for two (2) years, and two (2) for three (3) years; of a seven (7) member Commission, two (2) shall be appointed to serve for one (1) year, two (2) for two (2) years, and three (3) for three (3) years; of a nine (9) member Commission, two (2) shall be appointed to serve for one (1) year, three (3) for two (2) years and four (4) for three (3) years.  Thereafter, members shall be appointed for terms of three (3) years each.  Vacancies shall be filled by the Board of Town Commissioners of Bel Air for the unexpired portion of a term.  Members shall serve without compensation but may receive such reimbursement for travel and other expenses incurred in the interest of the Town as the Commissioners may from time to time allow.  The Commission shall elect a chairman from its members by majority vote of all its members.  Meetings of said Commission shall be held at least nine (9) times per year and additional meetings shall be held at the call of the Chairman and at such other times as the Commission may determine.  Three (3) members shall constitute a quorum.

Section 4-203.             Economic and Community Development Commission Powers

The Commission shall have those powers as set forth in Section 1002 of Article X of the Charter of the Town of Bel Air.

Section 4-204.             Powers Reserved to Board of Town Commissioners

The following powers are specifically withheld from the area of authority of the Economic and Community Development Commission and reserved to the Bel Air Board of Town Commissioners:

a.         The power to pass a resolution to initiate an economic or community development project pursuant to Section 1002 of Article X of the Charter of the Town of Bel Air.

b.         The power to appropriate funds, and to levy taxes and assessments pursuant to Section 1002(2) of Article X of the Charter of the Town of Bel Air.

Section 4-205.             Action of Previously Established Community Development Commission/Economic and Community Development Commission Ratified

The Board of Town Commissioners hereby ratifies and confirms any and all actions taken by them pursuant to recommendations or other actions by the Development Commission hitherto in existence under the provisions of Ordinance No. 237, and direct that all records of such Development Commission be transferred to the Economic and Community Development Commission established hereby.  It is thus the intention hereof to continue in effect all previous community development projects, all of which shall hereby be included within the definition of economic and community development projects, and to affirm the legal validity of all other actions taken by the previously established Development Commission, insofar as such actions have been in accordance with law.  The Community Development Commission shall hereafter be known as the Economic and Community Development Commission.

Section 4-301.             Establishment and Purpose of Board of Appeals.

Pursuant to the provisions of 4.07 of Article 66B of the Annotated Code of Maryland (1998 Replacement Volume No. 4) there is hereby established a Town Board of Appeals which shall have all the powers and duties as set forth in Article 66B, Section 4.07, as amended from time to time.

Section 4-302.             Incorporation by Reference

With respect to the Board of Appeals generally, Article 66B, Section 4.07, as amended from time to time, is hereby incorporated by reference and made a part hereof.

Section 4-303.             Membership

The Board of Appeals shall consist of five (5) members and one (1) alternate member who may be empowered to sit on the board in the absence of any member of the Board.  When the alternate is absent, the Town Board of Commissioners may designate a temporary alternate.  Each member and the alternate shall be a resident of the Town and shall have maintained such residency for a minimum of one (1) year.  At no time shall the Board hear cases with fewer than three (3) members present.

Section 4-401.             Establishment of Committee

The Appearance and Beautification Committee is hereby established as a standing committee of the Town of Bel Air to be organized and its function as stated within the following sections of this article.

Section 4-402.             Purpose

1. To act as an Advisory Committee to the Board of Town Commissioners on matters pertaining to the appearance and beautification of the Town.
2. To coordinate and assist in the planting, maintenance and protection of plant material within the Town and to attempt to create civic beauty by assisting in the improvement of roadsides, parks and other public areas within Town.
3. To encourage efforts and activities in connection with the beautification of Bel Air and its environs.
4. To promote conservation and civic pride through committee activities and in cooperation with other organizations.
5. To work in cooperation with the duly appointed Town authorities and other established committees/commissions for the overall improvement of the Town’s appearance.

Section 4-403.             Membership and Composition

The Appearance and Beautification Committee shall consist of not less than nine (9) nor more than twelve (12) members, each over the age of 18, who shall be appointed by the Board of Town Commissioners.  A majority of the membership will be made up of either residents of the Town of Bel Air, owners of real property in Town or proprietors of businesses within the Town.  Members shall serve staggered four-year terms with initial appointments of one (1), two (2), three (3) and four (4) years.  Thereafter, appointments shall be made on a four-year basis.  In the event that a vacancy shall occur during the term of any member, a successor shall be appointed by the Board of Town Commissioners for the unexpired portion of the term.

In addition, the Committee may seek out consultants who may be advisory, non-voting members.  A majority of the voting members shall constitute a quorum for the transaction of business.  Any member who is absent from three consecutive meetings, without notifying the Chairman in advance of such meeting, shall forfeit membership.

The Committee shall elect officers on an annual basis.  All members of the Committee appointed by the Board of Town Commissioners are eligible to hold office.

The Committee shall adopt Rules and By-laws governing its action and keep records of its proceedings.

The Committee shall have the following officers:

1. Chairman - The Chairman shall preside at all meeting of the Committee and perform all such duties as are incidental to the office of Chairman and are properly required of him/her.
2. Vice-Chairman - In the absence of the Chairman, he/she shall exercise all functions
   of a Chairman and shall be vested with all of his/her powers.
3. Secretary - The Recording Secretary shall have charge of all records, keeping such records in a centralized location and perform such duties as are incidental to that office and properly required of him/her by the Committee.
4. Treasurer - The Treasurer shall have charge of all Committee finances and its records, shall record and submit the annual budget recommendations of the Committee, report at each meeting the status of funds, authorize for payment all legitimate invoices tendered and due, and perform other duties as are incidental to the office.

Section 4-405.             Meetings and Compensation

Regular meetings shall be held monthly at such time and place as the members shall designate, unless otherwise determined by the Committee officers.  Additional meetings may be called by the Chairman, as required.  The annual meeting for election of Committee officers shall be held in April or at the earliest date possible thereafter.  Members of the Committee shall serve without compensation.

The powers and duties of the Appearance and Beautification Committee shall be as follows:

1. The Committee shall review and make recommendation on proposed landscape design/plant selection for new commercial projects within the Town to the Department of Planning.
2. The Committee shall develop planting plans, prepare plant orders and schedule/oversee installation of material in Town owned landscape areas.
3. The Committee shall plan, prepare and coordinate the installation of Town Christmas decorations.
4. The Committee shall prepare an annual budget related to projects within the Committee’s scope and shall cover the period July 1 through June 30 of each year.  The Budge is to be submitted to the Board of Town Commissioners no later than the first working day in March of each year.

Article 5.  Historic Preservation Commission

Section 4-501.             Purposes and Intent

The preservation of sites, structures and districts of historic, archeological and architectural significance together with their appurtenances and environmental settings is a public policy of Bel Air.  In accomplishing this policy the following objectives are sought to be attained:

1. To preserve and enhance the quality of life.
2. To safeguard the historical and cultural heritage of the Town of Bel Air by preserving the sites, structures or districts therein which reflect elements of its cultural, social,
3. Economic, political, archeological or architectural history.
4. To stabilize and improve property values of such sites, structures or districts.
5. To foster civic beauty.
6. To strengthen the local economy.
7. To promote the use, preservation and appreciation of such historic sites, structures and districts for the education, welfare and pleasure of the residents of Bel Air.
8. The Board of Town Commissioners of the Town of Bel Air and the Historic Preservation Commission may seek and obtain the advice and assistance of the Maryland Historic Trust, the Harford County Historic Preservation Commission, the Historical Society of Harford County, Inc., and other organizations or individuals qualified by interest, training and experience in achieving the purposes of this Ordinance.

Section 4-502.  Definitions

For the purposes of this Section the following words and phrases shall have the meaning respectively ascribed to them:

1. “Alteration” shall mean any exterior changes that would affect the historic, archeological or architectural significance of a designated site or structure, any portion of which is visible or intended to be visible from a public way, including but not limited to construction, reconstruction, moving or demolition.
2. “Appurtenances and environmental settings” shall include but not be limited to walkways and driveways (whether paved or not), trees, landscaping, pasture, cropland, waterways and rocks.  When used in this Ordinance, the word, “structure”, shall also be determined to include the words “appurtenances and environmental settings”
3.  “Certificate of Approval” shall mean the official form indicating the Historic Preservation Commission’s affirmative action on a request to alter, repair, modify, renovate, construct, demolish or otherwise alter all or a portion of a historically designated property or structure.
4. "Demolition” shall includes any willful neglect in maintenance and repair of a structure, not including any appurtenances and environmental settings, that does not result from financial inability to maintain and repair the structure and that threatens to result in any substantial deterioration of the exterior features of the structure.
5. “Exterior features” shall mean the architectural style, design and general arrangement of the exterior of a historic structure which includes appurtenances and environmental settings, including the color, nature and texture of building material and the type and style of all windows, doors, light fixtures, signs or similar items found on or related to the exterior of a historic structure.
6. “Historic District” shall mean a significant concentration, linkage or continuity of sites, structures or objects united historically, architecturally, archaeologically, culturally, or aesthetically by plan or physical development, the preservation of which is deemed to be for the educational, cultural, economic and general welfare of the inhabitants of Bel Air.  A historic district shall include all property within its boundaries as defined and designated by Resolution of the Board of Town Commissioners.
7. “Routine Maintenance” shall mean work that does not alter the exterior fabric or features of a site, structure, appurtenances and environmental settings and has no material effect on the historic, archeological or architectural significance of the historic site or structure.
8. “Structure” shall mean a combination of material to form a construction that is stable, including but not limited to stadiums, reviewing stands, platforms, staging, observation towers, radio towers, buildings, water tanks and towers, trestles, bridges, piers, paving, bulkheads, wharves, sheds, coal bins, shelters, fences and display signs; visible or intended to be visible from a public way.  The term “structure” shall be construed as if followed by the words, “or part thereof.”
9. “Site” shall mean the location of an event of historic significance or of a structure, whether standing or ruined, which possesses historic, archeological or cultural significance.

Section 4-503.  Historic Preservation Commission:  Composition

1. There is hereby created a Commission to be known as the “Historic Preservation Commission.”
2. Membership.  The Historic Preservation Commission shall have a membership of not less than five (5) nor more than seven (7) persons.  A majority of members of the Historic Preservation Commission shall be residents of Bel Air.  Each member should possess a demonstrated interest, specific knowledge or professional or academic training in such fields as history, architecture, architectural history, planning, archeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design, or related discipline.  At least two (2) members of the Historic Preservation Commission shall possess professional or academic training in one or more of the above listed fields in accordance with the minimum professional requirements of the United States Department of the Interior for certifying local governments under 36 C. F.R. Part 61.
3. Historic Preservation Commission Membership Qualification Criteria.  The requirement for Historic Preservation Commission membership under the category of demonstrated special interest may be satisfied either by formal training in one or more of the fields listed in paragraph B of this subsection or active membership in a preservation-related organization.  The requirement for membership under the category of specific knowledge may be satisfied by formal post secondary education, employment or practical experience in one or more of the above-listed fields.  The requirement for Historic Preservation Commission membership under the category of professional or academic training may be satisfied by, at a minimum, two years experience as a professional or a Bachelor’s degree in one or more of the above-listed fields.
4. Terms.  The members shall be appointed by the Board of Town Commissioners for terms of three (3) years, except that in making the initial appointments, some appointments shall be established for less than three (3) years in order that as these initial terms expire all appointments shall be for three (3) years and shall not expire at the same time.  Members of the Historic Preservation Commission are eligible for reappointment.
5. Vacancy.  Any vacancy in the membership of the Historic Preservation Commission caused by the expiration of a term, resignation, death, incapacity to discharge duties, removal for cause, or any other reason, shall be filled for a new term, or for the remainder of the term for which there is a vacancy, as the case may be, in the same manner as provided herein for the appointment of the initial members of the Historic Preservation Commission.  Any vacancy on the Historic Preservation Commission shall be filled by the appointing authority within sixty (60) days.  In the case of expiration of term, a member may continue to serve until the member’s successor is appointed.  Unexcused absence at three (3) consecutive meetings shall be grounds for removal of the member, and cause to be determined by the Board of Town Commissioners.
6. Officers.  The Historic Preservation Commission shall select from its membership a Chairperson and a Vice Chairperson.  The Chairperson and Vice Chairperson shall serve a term of one year, perform such duties as the Historic Preservation Commission may prescribe and shall be eligible for reelection.
7. Compensation.  The members of the Historic Preservation Commission shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.
8. Meetings.  The Historic Preservation Commission shall hold such regular meetings and hearings as necessary to discharge its duties but not less than quarterly.  The Historic Preservation Commission shall hold special meetings at the call of the Chairperson or of any three (3) members of the Historic Preservation Commission.
9. Rules of Procedure.  The rules of procedure shall also be available for public inspection.  Three (3) members shall constitute a quorum.

Section 4-504.  Historic Preservation Designation

Upon constitution, the Historic Preservation Commission is authorized and empowered, after consultation with the Department of Planning and Community Development of the Town of Bel Air, upon making full and proper study, to recommend any area within the limits of the Town of Bel Air as a proposed historic site, structure or district and to determine the boundary lines of any such site, structure or district.  The Historic Preservation Commission shall prepare a resolution setting forth that which its recommended designation of a site, structure or district of historic, archeological or architectural significance, and shall cause such resolution to be introduced to the Board of Town Commissioners for appropriate action.  No area shall be deemed to be a historic site, structure or district unless and until it has been so designated by a resolution of the Board of Town Commissioners.

Section 4-505.  Powers, Duties and Functions

In addition to the authority to recommend areas for Historic Preservation designation, the Historic Preservation Commission shall have the following powers and duties:

1. To acquire, develop and preserve historic or cultural properties, buildings, fixtures, furnishings, facilities, collections and appurtenances, with approval of the Board of Town Commissioners.
2. To acquire and hold real and personal property of historic or cultural significance by purchase, gift, devise or bequest; to preserve and administer such properties, with approval of the Board of Town Commissioners.
3. To accept gifts, grants, legacies, bequests and endowments for any purpose, with approval of the Board of Town Commissioners, as set forth in Section 4-501 hereof.
4. To accept or otherwise acquire historic preservation easements on properties located in or adjacent to a locally designated Historic District upon approval by the Board of Town Commissioners.
5. To direct studies, reports and surveys to identify historical, archeological or architecturally significant sites, structures and districts that exemplify the cultural, social, economic, political or architectural history of the Town of Bel Air, State of Maryland or the nation.
6. To prescribe appropriate rules and regulations for transaction of business.
7. To adopt rehabilitation and new construction design guidelines and criteria for construction, alteration, reconstruction, moving and/or demolition of structures and/or districts consistent with those generally recognized by the Maryland Historic Trust.  These guidelines shall be used by the Historic Preservation Commission in review of applications.
8. To perform all the functions and duties as set forth in Article 66B, Sections 8.01 et seq. of the Maryland Annotated Code, as amended from time to time.  To undertake any action or activity necessary or appropriate to the implementation of its powers and duties and the implementation of the purpose of this Ordinance.

Section 4-506.  Permit Requirements

1. Application for Permit.  Before the construction, alteration, repair, moving or demolition of a structure is undertaken on any designated site or structure within a designated district, if an exterior change is involved which would affect the historic, archeological or architectural significance of a designated site within a designated district, any portion of which will be visible from public way, the person, firm, or corporation proposing to make such change shall file with the Historic Preservation Commission, through the Department of Planning and Community Development, an application for Certificate of Approval to construct, alter, repair, move, demolish the site or structure.  Every such application shall be referred to and considered by the Historic Preservation Commission and accepted or rejected by the Historic Preservation Commission.  An application which is substantially identical to a rejected application may not be resubmitted to the Commission within one year after rejection.  No permit for any such change may be granted until the Historic Preservation Commission has acted thereon as hereinafter provided.
2. Application Review.  In reviewing applications, the Historic Preservation Commission shall give consideration to (1) the historic, archeological or architectural significance of the site or structure and its relationship to the historic, archeological or architectural significance of the surrounding area;  (2) the relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding area; (3) the general compatibility of the proposed exterior design, scale, proportion, arrangement, texture and materials to the site or structure  and to the surrounding area; and (4) to any other factors including aesthetic factors which the Historic Preservation Commission deems to be pertinent.
3. The Historic Preservation Commission shall consider only exterior features of a structure and shall not consider any interior arrangements.
4. The Historic Preservation Commission shall not disapprove an application except with respect to the several factors specified in Section (b) above.
5. The Historic Preservation Commission shall be strict in its judgment of plans for those sites or structures determined by research to be of historic, archeological or architectural significance.  The Historic Preservation Commission shall be lenient in its judgment of plans for sites or structures of little historic, archeological or architectural significance or for plans involving new construction, unless such plans would seriously impair the historic, archeological or architectural significance of surrounding sites or structures.   The Historic Preservation Commission is not required to limit new construction, alteration, or repairs to the architectural style of any one period.
6. If an application for Certificate of Approval is submitted for construction, reconstruction or alteration affecting a site or the exterior of a structure or for the moving or demolition of a structure, the preservation of which the Historic Preservation Commission considers to be of unusual importance to Harford County or the Town of Bel Air, or unusual importance to the entire state or nation, the Historic Preservation Commission shall attempt with the owner of the structure to formulate an economically feasible plan for the preservation of the site or structure.  Unless in these circumstances the Historic Preservation Commission is satisfied that the proposed construction, alteration, or reconstruction will not materially impair the historic, archeological or architectural significance of the site or structure, the Historic Preservation Commission shall reject the application, filing a copy of its rejection with the Director of Public Works.
7. If an application for Certificate of Approval is submitted for construction, reconstruction, alteration or for moving or demolition of a site or structure, that the Historic Preservation Commission considers to be of unusual importance and no economically feasible plan can be formulated, the Historic Preservation Commission shall have ninety (90) days from the time it concludes that no economically feasible plan can be formulated to negotiate with the owner and other parties in an effort to find a means of preserving the site or structure.
   1. Where the demolition of a site or structure is approved hereunder, the Historic Preservation Commission may require plans for construction of a replacement building in accordance with powers granted under Section 4-506 hereof in order to preserve the historic, architectural and property value of sites or structures of the surrounding area.
8. In the case of a structure considered to be valuable for its historic, archeological or architectural significance, the Historic Preservation Commission may approve the proposed construction, reconstruction or alteration, moving or demolition despite the fact the changes come within the provisions of Section (f) above if: (i) the site or structure is a deterrent to a major improvement program which will be of substantial benefit to the Town of Bel Air, (ii) retention of the site or structure would cause undue financial hardship to the owners; or (iii) the retention of the site or structure would not be to the best interests of a majority of persons in the community.
9. No construction, reconstruction or alteration of the exterior of any site or structure, or the moving or demolition of a site or structure shall be permitted on a property after the Historic Preservation Commission has served notice on the affected property owner that the Historic Preservation designation process has begun, as defined in this section, Section 4-506, Permit Requirements, without the approval of the Historic Preservation Commission.  Application for such approval shall be made to the Historic Preservation Commission.
   
   The Historic Preservation Commission shall act on the proposed designation as hereinafter provided.  The Historic Preservation Commission shall have forty-five (45) days from the date of such application for approval, either to grant such approval or to introduce a designation resolution on the proposed Historic Site or District to the Board of Town Commissioners in accordance with Section 4-504 of this Ordinance.  A building permit shall be issued if, at the end of such forty-five (45) days, the Historic Preservation Commission has not either granted such approval or submitted said designation resolution.  If a designation resolution is introduced to the Board of Town Commissioners during the forty-five (45) day period, no building permit shall be issued until the Board acts on said resolution.  If the Board rejects the resolution, the building permit shall be issued immediately thereafter.  If the Board passes the resolution, the applicant shall follow permit requirements for a Historic District property as herein described.=
10. The Historic Preservation Commission shall file with the Director of Public Works a certificate of its approval, modification, or rejections of all applications and plans submitted to it for review.  Work shall not be commenced on any such project until such a certificate of approval has been filed, and the Director of Public Works shall not issue a building permit for such change or construction unless and until he has received such a certificate of approval.  The failure of the Historic Preservation Commission to act upon an application within the forty-five (45) days from the date the application was filed with the Historic Preservation Commission shall be deemed to constitute automatic approval of the proposed changes unless an extension of this forty-five (45) day period is agreed upon mutually by the applicant and the Historic Preservation Commission.
11. Routine Maintenance.  Nothing in this Ordinance shall be taken or construed to prevent routine maintenance that does not alter the exterior fabric or features of a designated site, structure or district, customary farming operations or landscaping which will have no material effect in the historic, archeological or architectural significance of a designated site, structure or district.  Nothing in this Ordinance affects the right to complete any work covered by a permit or authorization issued prior to the effective date of this Ordinance.

Section 4-507.  Demolition by Neglect

1. In the event of demolition by neglect, the Historic Preservation Commission may request the Department of Planning & Community Development to notify, in writing, the property owner of record, any person having a right, title or interest therein, and the occupant or other person responsible for the maintenance of the property, of the deterioration.  The notice shall specify the minimum items of repair or maintenance necessary to correct the deterioration or prevent further deterioration.
2. Prior to the issuance of a written notice, the Historic Preservation Commission may request the Department of Planning & Community Development to establish a record of demolition by neglect.  Such a record may include dated materials such as photographs and written reports of the condition of the property so as to record or measure the deterioration.
3. The notice shall provide that corrective action shall commence within thirty (30) days of the receipt of said notice and be completed within a reasonable time thereafter.  The notice shall state that the owner of record of the property, or any person of record with any right, title, or interest therein, may, within ten (10) days after the receipt of the notice, request a hearing on the necessity of the items and conditions contained in the notice.  In the event a public hearing is requested, it shall be held by the Historic Preservation Commission upon thirty (30) days written notice being mailed to all persons of record with any right, title or interest in the property and to all citizens and organizations which the Historic Preservation Commission determines may have an interest in the proceedings.
4. If, after the public hearing, the Historic Preservation Commission determines that the corrective actions remain necessary, the Historic Preservation Commission may request that the Department of Planning & Community Development issue a Final Notice detailing the corrective action which shall commence within thirty (30) days from the date of the hearing decision and be completed within a reasonable time thereafter.

1. Upon failure, neglect, or refusal of the property owner or other responsible person, duly notified, to take the corrective action specified in the Final Notice within the time required, the Historic Preservation Commission may request that the Department of Planning & Community Development institute any of the remedies and penalties provided by law for such violations.

Section 4-508.  Maryland Historical Trust

The Historic Preservation Commission may designate the Maryland Historical Trust to make an analysis of and report recommending the preservation of sites, structures, or districts of historic, archeological, architectural, or cultural significance with the Town of Bel Air.  The report may include proposed boundaries of sites, structures, or districts, as well as recommendations for the identification and designation of particular sites, structures, or districts to be preserved.

Section 4-509.  Appeals

In the event that any party is aggrieved by a decision of the Historic Preservation Commission, the party has the right to appeal the same to the Circuit Court for Harford County.  Such appeal shall be taken according to the Annotated Code of Maryland, Maryland Rules, Rule 7-201, et. seq.   Appeals must be filed within thirty (30) days from the date of the Historic Preservation Commission’s decision.

Section 4-510. Historic Preservation Commission Meetings: 

All meetings of the Historic Preservation Commission shall be open to the public.  Any interested person or his representative is entitled to appear and be heard by the Historic Preservation Commission before it reaches a decision on any matter.  The Historic Preservation Commission shall keep an open record of its resolutions, proceedings, and actions which shall be kept available for a period of three years for public inspection during reasonable business hours.

Section 4-511.  Rules and Regulations: 

The Historic Preservation Commission shall have the authority to prescribe appropriate rules and regulations in order to carry out the purpose and intent of this Ordinance.

Section 4-512.  Violations: 

A violation of this Ordinance shall be deemed a Municipal Infraction punishable by a four hundred dollar ($400.00) fine.  Each and every day that the violation continues shall be deemed a separate offense.  Violations and fees shall be cumulative. 

Section 4-513.  Severability:  

If any provisions of this Ordinance or the application thereof to any person or circumstance is held invalid for any reasons, such invalidity shall not affect the other provisions of any other application of this Ordinance which can be given in effect without the invalid provision or application, and to this end, all the provisions of this Ordinance are hereby declared to be severable.

Article 6.  Committee on the Elderly and Needy Citizens

Section 4-601.  Establishment of Committee

The Committee on The Elderly and Needy Citizens is hereby established as a standing committee of the town of Bel Air to be organized and to function as stated in the following sections of this article.

Section 4-602.  Purpose

A.  Serve as an Advisory Committee to the Board of Town Commissioners.          

B.  Examine, study and evaluate the Bel Air living environment from the standpoint of its elderly and needy residents.

C.  Identify problems being experienced by the Town's elderly and needy citizens and through periodic meetings or reports, advise the Board of Town Commissioners of these problems and recommend solutions.

D.  Through a mutually agreeable arrangement, coordinate the Committee's activities and recommend solutions with the Town's Community Development Commission.

Section 4-603.  Membership and Composition

A.  The Committee on the Elderly and Needy shall consist of five members appointed by the Board of Town Commissioners.  Those first appointed shall be appointed to serve for terms as follows:  Of the five-member committee, one (1) shall be appointed to serve for one, (1) year, two (2) for two (2) years, and two (2) for three (3) years.  Thereafter, members shall be appointed for terms of three (3) years each.  Vacancies shall be filled by the Board of Town Commissioners for the unexpired portion of a term.

B.  Additional members may be appointed to the Committee to serve as an ex-officio members.  These members may be members of the Board of Town Commissioners, other standing committees or commissions of the Town or Town officials.

Section 4-604.  Officers

The Committee shall elect a chairperson from its membership by a majority vote and determine the length of term in office.  The Committee may also elect such other officers as it deems necessary and establish their terms of office.

Section 4-605.  Meetings

A.  The Committee shall meet at least quarterly or at such times as it may determine.

B.  Appointed members of the Committee on Elderly and Needy, may, if they are unable to attend a meeting, designate a representative from their organization to attend.

Article 7.  Tree Committee

Section 4-701.  Establishment of Committee

A Tree Committee is hereby established as a standing committee of the Town of Bel Air to be organized and function as stated within the following Article.

Section 4-702.  Purpose

The purpose of the Tree Committee shall be as follows:

a.  To preserve and protect existing trees and forest within the Town of Bel Air.

b.  To promote planting and maintenance of trees located within the Town.

c.  To protect trees located in public areas from undesirable and unsafe practices.

d.  To guard trees against the spread of disease and pests.

e.  To prevent damage to any public sewer or water main, street, sidewalk or other public      property, resulting from tree locations/plantings.

Section 4-703.  Membership and Composition

The Tree Committee shall consist of not less than three, nor more than five members, who shall be appointed by the Board of Town Commissioners.  Members shall serve staggered three-year terms, with initial appointments of one (1), two (2) and three (3) years.  Thereafter, appointments shall be made on a three-year basis.  In the event that a vacancy shall occur during the term of any member, a successor shall be appointed by the Board of Town Commissioners for the unexpired portion of the term.  A majority of the members shall constitute a quorum for the transaction of business.  Any member who is absent from three consecutive meetings, without notifying the Chairman in advance of such meeting, shall forfeit membership.

Section 4-704.  Officers

The Committee shall elect officers on an annual basis.  All members of the Committee, appointed by the Board of Commissioners, are eligible to hold office.

The Committee shall have the following officers:

1.  Chairman - The Chairman shall preside at all meetings of the Committee and perform all such duties as are incidental to the office of Chairman and are properly required of him/her.

2.  Vice Chairman - In the absence of the Chairman, he/she shall exercise all the functions of a Chairman and shall be vested with all of his/her powers.

The majority of the members shall constitute a quorum for the transaction of business.  The Committee shall adopt Rules and Bylaws governing its action and keep a record of its proceedings.

Section 4-705.  Meetings and Compensation

Regular meetings shall be held monthly at such time and place as the members shall designate, unless otherwise determined by the Committee officers.  An annual meeting for the election of the Committee officers shall be held in April or at the earliest date possible, following the appointment/confirmation of membership by the Board of Town Commissioners.  Additional meetings may be called by the Chairman, as required.  The purpose of the meetings shall be stated in the written or verbal notice.  Members of the Committee shall serve without compensation.

Section 4-706.  Powers and Duties

The Powers and duties of the Tree Committee shall be as follows:

1. The Committee shall prepare a comprehensive Tree Plan for the Town of Bel Air.  Such plan shall be presented annually to the Board of Town Commissioners; upon acceptance by the Board, the plan shall become the official comprehensive Tree Plan of the Town of Bel Air.
2. The comprehensive Tree Plan for the Town should address the tree preservation, pruning, planting, removal and disposition of trees in the public areas of the Town.
3. The Committee shall make findings, prepare reports and recommendations upon any special matter of question coming within the scope of its work.
4. The Committee shall study problems and determine the needs of the Town in connection with the street planting, protection and maintenance program.
5. The Committee shall assist in dissemination of news and information regarding selection, planting and maintenance of trees within areas subject to the jurisdiction of the Town, whether on private or public property and make recommendations for legislation concerning the tree program and activities.
6. The Committee shall investigate alternative funding sources for planting and maintenance of trees and shrubs on public lands.
7. The Committee shall develop a municipal tree ordinance for consideration by the Board of Town Commissioners.

Article 8 - Cultural Arts Commission

Section 4-801.  Establishment of Commission

A Cultural Arts Commission is hereby established as a standing commission of the Town of Bel Air to be organized and to function as stated within the following sections of this Article.

Section 4-802.  Purpose

1. To serve as an Advisory Commission to the Board of Town Commissioners on matters pertaining to the celebration and promotion of the cultural arts in the Town of Bel Air.
2. To support the development of a facility for cultural arts.
3. To participate in the coordination of cultural arts programs and events within the Town of Bel Air, and to work closely and in cooperation with the Events Committee, Bel Air Economic and Development Commission, Bel Air Downtown Revitalization Alliance, Rockfield Foundation, and other established Committees and Commissions in the celebration of the arts in the Town of Bel Air.

Section 4-803.  Membership and Composition

The Cultural Arts Commission shall consist of not less than five, or more than nine members, who shall be appointed by the Board of Town Commissioners.  Members shall serve staggered three-year terms, with initial appointments of one, two and three years.  Thereafter, appointments shall be made on a three-year basis.  In the event that a vacancy shall occur during the term of any member, a successor shall be appointed by the Board of Town Commissioners for the unexpired portion of the term.  A majority of the members shall constitute a quorum for the transaction of business.  Any member, who is absent from three consecutive meetings, without notifying the Chairman in advance of such meeting, shall forfeit membership.  The Chairman of the Events Committee shall serve as staff to the Commission.

Section 4-804.  Officers

An annual meeting for the election of officers shall be held in January, or the earliest practical date thereafter. All appointed members of the Commission are eligible to hold office.

The Commission shall have the following officers:

1. Chairman – The Chairman shall preside at all meetings of the Commission and perform all such duties as are incidental to the office of Chairman and are properly required of him/her.
2. Vice-Chairman – In the absence of the Chairman, he/she shall exercise all the functions of a Chairman and shall be vested with all of his/her powers.

The majority of the members shall constitute a quorum for the transaction of business.  The Commission shall adopt Rules and Bylaws governing its actions and keep a record of its proceedings.

Section 4-805.  Meetings and Compensation

The Commission shall meet at least quarterly or at any special meeting called by the chair.  Special meeting may be called with a written or verbal notice and the purpose of said meeting shall be specified in the minutes.  Members of the Commission shall serve on a volunteer basis.

Section 4-806.  Powers and Duties

The powers and duties of the Cultural Arts Commission shall be as follows:

1. The Commission shall prepare an annual report for the Board of Town Commissioners detailing the Commission’s activities during the previous year.
2. The Commission shall prepare reports and make recommendations upon special matters or questions within the scope of its work.
3. The Commission shall prepare an annual budget related to projects within the Commission’s scope and shall cover the period July 1 through June 30 of each year.  The budget is to be submitted to the Board of Town Commissioners no later than the first working day in March of each year.  The budget request should outline as closely as practical the forthcoming events and the funds allocated to each event.
4. Funds raised by the Cultural Arts Commission are to be used for the development of activities, events and facilities that will promote the Arts in the Town of Bel Air.

Article 9.  Board of Building Appeals

Section 4-901.  Establishment of Board of Building Appeals

The Board of Building Appeals is hereby established as an official board of the Town of Bel Air to be organized and to function as stated in the following sections of this article.

Section 4-902.  Purpose

To afford any person the right to appeal a decision of the Town of Bel Air Building Official either refusing to grant, or granting, a modification to the provisions of the Town Building Code or a decision regarding the Town of Bel Air property maintenance ordinance.

Section 4-903.  Membership and Qualifications

1. The Board of Building Appeals shall consist of three members appointed by the Board of Town Commissioners of Bel Air as follows:  one for four years, one for three years and one for two years.  Thereafter, each new member shall serve for four years or until a successor has been appointed.
2. Each member shall be a licensed professional engineer or architect or a builder or superintendent of building construction with at least seven (7) years of experience, four (4) of which shall have been in responsible charge of work.  At least one (1) member shall be a licensed professional engineer or architect.  Not more than two (2) members shall be from the same profession or occupation, and it is desirable that one (1) member be a professional engineer in the structural or civil field with architectural engineering experience.
3. The Board of Town Commissioners of Bel Air shall appoint one alternate member who shall be called by the Board of Building Appeals Chairman to hear appeals during the absence or disqualification of a member.  The alternate member shall possess the qualifications required for board membership, and shall be appointed for three (3) years or until a successor has been appointed.
4. The Town Building Official shall designate a secretary to the Board.  The secretary shall file a detailed record of all proceedings in the Bel Air Building Official's office.

Section 4-904. Meetings and Compensation

The Board shall meet upon notice from the Chairman, within ten days of the filing of an appeal, or at stated periodic meetings.   The members of the Board shall serve without compensation.

Section 4-905.  Powers and Duties

1. The powers and duties of the Board shall be as provided in the Town Building Code.