§ 13-1014. Expenditure prerequisites

   (a) Management plan adoption and ordinance. -- Except as provided in subsection (b) of this section and notwithstanding any power vested in the Authority by this subtitle, the Authority may not make any expenditure until:

   (1) The Maryland Historical Trust approves a management plan for the Heritage Area;

   (2) The management plan has been adopted by the Authority;

   (3) The Mayor and City Council of the City of Cumberland:

      (i) Adopt the management plan through formal amendment of the City's comprehensive plan; and

      (ii) Enact an ordinance that:

         1. Consistent with Title 8 of the Land Use Article, creates a Historic District Commission for portions of the Heritage Area within the City of Cumberland;

         2. Provides for membership on the Historic District Commission 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. To the extent necessary to meet the requirements of items 1 and 2 of this subparagraph, provides for the appointment of members of the Historic District Commission who are not residents of the City of Cumberland;

         4. Requires that within 18 months after the Historic District Commission conducts its first meeting, the Commission shall develop and submit for approval to the Maryland Historical Trust design standards and criteria applicable to all construction, preservation, rehabilitation, and restoration within the portions of the Heritage Area within the City of Cumberland; and

         5. Provides that the Historic District Commission review and approve the design of all projects that the City of Cumberland conducts, assists, licenses, or permits that affect properties within the Heritage Area; and

   (4) The Authority and the Mayor and City Council of the City of Cumberland execute a memorandum of agreement that specifies detailed policies and procedures for mutual notification and review and consultation regarding their respective actions and undertakings in the Heritage Area.

(b) Exceptions. -- Before the requirements of subsection (a) of this section occur, the Authority may make expenditures only to:

   (1) Support the basic administrative operations of the Authority;

   (2) Develop the management plan for the Heritage Area and related preliminary plans; and

   (3) Acquire complete or partial interests in, or preserve or assist in the preservation of, properties within the park corridor that:

      (i) Are listed on or determined to be eligible for listing on the Maryland Register of Historic Properties; and

      (ii) Would be subject to demolition or major alteration in a manner that is inconsistent with the purposes of this subtitle, unless acquired, preserved, or assisted by the Authority.

HISTORY: 1993, ch. 544; 1995, ch. 3, § 22; 1996, ch. 10, § 1; 2001, ch. 556; 2012, ch. 427, § 1.