§ 32-4-203. BALTIMORE COUNTY DESIGN REVIEW PANEL.

(a)

In general.

(1)

Any development, including a Development Plan is subject to review under this section if it involves property located in a Design Review Area identified on the map adopted under § 32-4-204 of this subtitle.

(2)

For purposes of this section, a proposed development means:

(i)

A development consisting of new construction;

(ii)

A substantial addition or change to an existing Development Plan, as determined by the Department of Planning;

(iii)

A minor subdivision;

(iv)

A Planned Unit Development; or

(v)

For purposes of property located within the Downtown Towson District, any construction, including new construction, redevelopment, signage, or facade changes for which a building permit is required unless otherwise reviewed by the Department of Planning.

(3)

(i)

In the case of a residential single lot of record, any new dwelling unit shall be reviewed in accordance with Section 32-4-204(d).

(ii)

This does not apply to any addition to a dwelling unit unless the addition is more than 50% of the gross square footage of the existing dwelling.

(b)

Panel established.

(1)

There is a Baltimore County Design Review Panel.

(2)

In order to encourage design excellence, the Panel shall act in a consulting and advisory capacity to the agencies involved in the interagency process for reviewing Development Plans under § 32-4-226 of this subtitle.

(c)

Objective for assessment.

(1)

The Panel shall apply the policies in the Comprehensive Manual of Development Policies and in the Master Plan in assessing whether a proposed development:

(i)

Demonstrates a satisfactory spatial, visual, and functional relationship to the topographic characteristics, the natural features, and the built features of the site as well as the surrounding features of the site;

(ii)

Gives primary design consideration to the visual and functional integration of streetscapes, pedestrian pathways, playgrounds, recreational amenities, and parks;

(iii)

Demonstrates that streets and sidewalks are laid out as safe and convenient linkages and that parking becomes a positive design element that contributes to the overall image of the site;

(iv)

Demonstrates that buildings, parking garages, and other accessory structures are spatially and visually integrated and suitable to their surroundings in proportion, massing and type, materials and colors, signage, and other elements of urban design; and

(v)

Demonstrates that plant materials are selected and sited to define the site, provide a theme or image appropriate to the development, frame views, enhance architecture and street characteristics, develop continuity of adjacent open spaces, improve the micro-climate, provide transition between dissimilar uses, screen the objectionable views and uses, reduce noise level and glare, and provide seasonal colors and other visual amenities.

(2)

(i)

For a proposed residential development located in a design review area identified on the map adopted under § 32-4-204 of this subtitle, the Panel shall apply the design standards in sections 260.2 through 260.6 of the Baltimore County Zoning Regulations and any standards identified in a community plan that has been adopted by the County Council as part of the Master Plan.

(ii)

In addition, the Panel may increase the residential setback requirements applicable to the proposed development.

(3)

If the Panel review generates a comment regarding landscaping for a plan, including lots of record, the applicant shall prepare a landscape plan. This plan shall be prepared and sealed by a licensed landscape architect and reviewed and approved by the county landscape architect.

(4)

For any development in the Downtown Towson District, the Panel shall apply the Design Guidelines in Section 259.16 of the Baltimore County Zoning Regulations.

(d)

Membership; appointment.

(1)

The Panel shall consist of a standing panel of nine members who by profession or experience are knowledgeable in matters of design, including architects, landscape architects, and other design professionals (the professional members), and a revolving panel of resident members (the resident members) who shall serve on specific review panels, designated under subsection (h) of this section, as authorized.

(2)

(i)

The County Executive shall appoint the nine professional members subject to County Council confirmation.

(ii)

The County Council shall appoint the resident members, each of whom shall be a resident of the Councilmanic District in which a review panel is formed to review a residential development in areas identified in Section 32-4-204(d).

(3)

The County Executive shall designate one professional member to serve as Chairman of the Panel.

(e)

Term of office.

(1)

The term of a Panel member is 3 years and shall begin on January 1.

(2)

A member is eligible for reappointment, but may not serve more than two consecutive terms.

(f)

Executive secretary. The Director of Planning, or the Director's designee, shall serve as the non-voting executive secretary to the Panel.

(g)

Fees.

(1)

The County Administrative Officer shall set fees to adequately cover the cost of the Panel's review activities.

(2)

The County Administrative Officer shall submit the proposed fees to the County Council in accordance with § 3-1-202 of the Code.

(h)

Review panel; notice of meetings.

(1)

(i)

Except as provided in subparagraph (ii), the chairman shall designate three professional members of the Panel to serve as a review panel for the purpose of reviewing a proposed development.

(ii)

For the purpose of reviewing a Residential Development Plan proposed to be located in a Design Review Area identified in § 32-4-204(d) of this subtitle, the chairman shall designate two professional members of the Panel to serve on the review panel, and the County Council shall appoint a resident member to serve as the third Panel member.

(i)

Recommendation submitted to Hearing Officer; exception; time limit.

(1)

For a proposed development that involves a Development Plan, the Design Review Panel shall consult and advise upon each Development Plan submitted and shall make a recommendation to the Hearing Officer within the time required by § 32-4-226(d) of this subtitle.

(2)

The Panel's recommendation is advisory to the Hearing Officer, and on the agencies under subsection (l) of this section.

(j)

Failure to make a recommendation. The failure of the Panel to make a recommendation does not prevent the plan from being processed.

(k)

Recommendation as a condition for approval of a plan. The Hearing Officer may impose a recommendation of the Panel as a condition for approval of a Development Plan.

(l)

Recommendation considered by agencies. If a Development Plan or Hearing Officer's hearing is not required, the Directors of the Department of Planning, the Department of Permits, Approvals and Inspections and the Department of Environmental Protection and Sustainability or their designees shall consider any recommendations of the Panel and may impose the recommendation as a condition of approval before either approval of a Development Plan or the issuance of a permit, whichever occurs first.

(1988 Code, § 26-219) (Bill No. 12-93, § 1, 4-5-1993; Bill No. 79-01, § 2, 7-1-2004; Bill No. 17-03, § 1, 5-3-2003; Bill No. 75-03, § 9, 7-1-2004; Bill No. 56-04, § 1, 6-11-2004; Bill No. 108-05, § 1, 10-30-2005; Bill No. 119-05, § 1, 12-23-2005; Bill No. 122-10, §§ 12, 30, 1-16-2011; Bill No. 38-11, § 3, 8-25-2011; Bill No. 55-11, §§ 1, 2, 10-16-2011; Bill No. 67-13, § 1, 12-29-2013; Bill No. 49-16 , § 3, 8-29-2016)

Editor's Note:
  Section 5 of Bill No. 49-16, provides that that this Act shall be applied prospectively and shall have no application to any development plan or development approved by the Hearing Officer prior to the effective date of this Act, or to a development project for which a concept plan, limited exemption plan, or Planned Unit Development application was filed prior to August 30, 2016, or to any parking contract or lease associated with an approved development plan or development. A material amendment to a development plan or development or parking contract or lease shall comply with the requirements of this Act.