Charlestown Township
City Zoning Code
City Zoning Code
PART 7
H-HISTORIC "CHARLESTOWN VILLAGE" DISTRICT
§ 27-701 Legislative Intent.
[Ord. 6/20/1979]
1.
In accordance with the provisions of an Act entitled:
"An Act authorizing counties, cities, boroughs, incorporated towns and townships to create historic district within their geographic boundaries; providing for the appointment of Boards of Historical and Architectural Review; empowering governing bodies of political subdivisions to protect the distinctive historical character of those districts and to regulate the erection, reconstruction, alteration, restoration, demolition or razing of buildings within the historic districts."
2.
Adopted by the General Assembly, No. 167 of the Commonwealth of Pennsylvania and approved by the Governor of the Commonwealth of Pennsylvania on the 13th day of June, 1961, as amended by act of the General Assembly, No. 24, on the 23rd day of April, 1963, 53 P.S. § 8001 et seq., the Charlestown Village Historic District is hereby established.
§ 27-702 Purpose.
[Ord. 6/20/1979]
1.
The Charlestown Village Historic District is created for the following purposes:
A.
To protect those portions of Charlestown Township which have a distinctive character which attest to its rich cultural, historical and architectural heritage.
B.
To awaken, or reinforce, in our people in interest in our historic past.
C.
To promote the general welfare, education and culture of our Township.
D.
To advocate an interest in civic beauty through the encouragement of appropriate settings and continued construction of buildings in the historic styles and in general harmony with respect to style, form, color, proportion, texture and material between buildings of historic design and those of more modern design.
E.
To promote educational, recreational and cultural activities within the Township and to advance the principles and goals of community development as embodied in our Comprehensive Plan.
§ 27-703 Certification by the Pennsylvania Historical and Museum Commission.
[Ord. 6/20/1979]
1.
Upon the adoption of this Part the Board of Supervisors shall forward a copy thereof to the Pennsylvania Historical and Museum Commission, along with a request for certification and a statement of architectural and/or historical significance. This chapter shall take effect immediately upon:
§ 27-704 General Provisions.
[Ord. 6/20/1979]
1.
The Charlestown Village Historic District shall be shown on the Charlestown Township Zoning Map which, insomuch as it relates to said District, is hereby adopted by reference and declared to be a part of this Part. The provisions of this Part shall be applied to all land, buildings and structures within the boundaries of the Charlestown Village Historic District.
2.
No structure within the Charlestown Village Historic District may be erected in whole or in part, nor may the exterior architectural character of any structure be altered until after an application for a building permit has been submitted to the Board of Historical and Architectural Review, and approved by it.
3.
No structure within the Charlestown Township Historic District may be demolished or removed, in whole or in part, nor the exterior architectural character of any such structure be changed until after application for a permit has been submitted to the Board of Historical and Architectural Review and either approved by it, or the period of postponement, in the case of application for partial or total demolition, hereafter provided for in § 27-708 herein, has expired.
4.
Evidence of the approval required above shall be a certificate of appropriateness issued by the Board of Supervisors. Such certificate shall be a statement signed by the Chairman of the Board of Supervisors, stating that the construction, demolition or changes in the exterior architectural appearance for which application has been made, are approved.
5.
Repairs and renovations to existing buildings which do not alter the exterior appearance are exempt and need not be approved by the Board of Historical and Architectural Review.
6.
Nothing in this Part shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure described herein; nor shall anything in this Part be construed to prevent the construction, reconstruction, alteration or demolition of any such elements which the Board of Supervisors shall certify as required for public safety.
§ 27-705 Duties of the Township Zoning Officer.
[Ord. 6/20/1979]
1.
The Zoning Officer shall issue a permit for the erection, reconstruction, alteration, restoration, demolition or removal of a building in the Historic District only after the Board of Supervisors has issued a certificate of appropriateness. Upon receipt of a written disapproval by the Board of Supervisor, the Zoning Officer shall disapprove the application for a permit and so adverse the applicant.
2.
Upon receipt of an application for a permit for work to be done in the Charlestown Village Historic District, the Zoning Officer shall act in accordance with the procedures presently being followed in acting upon an application for a building permit, except as those procedures are necessarily modified by the following requirements:
A.
The Zoning Officer shall forward to the Chairman of the Board of Historical and Architectural Review, a copy of the application for a permit, together with a copy of the plot plan, building plans and specifications, photographs and/or other documents and materials filed by the applicant.
B.
The Zoning Officer shall maintain in his/her office, a record of all such applications, and of his/her handling and final dispositions of the same which shall be in addition to and appropriately cross referenced to his/her other records.
C.
The Zoning Officer shall require applicants to submit a sufficient number of additional copies of material required to be attached for an application for a permit to allow compliance with the foregoing.
§ 27-706 Board of Historical and Architectural Review.
[Ord. 6/20/1979]
1.
Establishment, Composition, Appointment and Terms of Members.
A.
A Board of Historical and Architectural Review, hereinafter also referred to as the "Board," is hereby established to be composed of not less than five members, appointed by the Board of Supervisors, one of whom shall be a registered architect, one a licensed real estate broker, one shall be the building inspector, one a member of the Planning Commission, and the remaining member or members shall have a knowledge of and an interest in the preservation of the Historic District. A majority of the members must be Charlestown Township residents and one member may be a resident of the Historic District.
B.
The position of any member of the Board appointed in his/her capacity as a registered architect, a licensed real estate broker, a building inspector, or as a member of the Planning Commission who ceases to be so engaged shall be automatically considered vacant.
C.
The initial terms of the members of the Board of Historical and Architectural Review shall be as follows: one member shall be appointed to serve until the first day of January following the effective date of this Part; one member shall be appointed to serve until the first day of the second January thereafter; one member shall be appointed to serve until the first day of the third January thereafter; one member shall be appointed to serve until the first day of the fourth January thereafter; and one member shall be appointed to serve until the first day of the fifth January thereafter, and the Board of Supervisors shall appoint their successors on the expiration of their respective terms to serve for a period of five years. An appointment to fill a vacancy shall be only for the unexpired portion of the term.
D.
The Board of Historical and Architectural Review shall elect its own chairman and vice-chairman and create and fill such other offices as it may determine. Officers shall serve annual terms and may succeed themselves. The Board of Historical and Architectural Review may make and alter by-laws and rules and regulations to govern its procedures consistent with the ordinances of Charlestown Township and the laws of the Commonwealth of Pennsylvania.
E.
The Board shall meet publicly at least once a year. Further, it shall hold any additional public meetings and hearings as provided in § 27-708 necessary to execute its powers and duties as required by this Part. Meetings held in conjunction with the additional powers and duties of the Board as contained in Subsection 3 shall be either executive sessions, or open to the public, at the discretion of the Board.
2.
In addition to the above, upon specific authorization by the Board of Supervisors, the Board may be empowered to have the following duties:
A.
To conduct a survey of buildings for the purpose of determining: those of historic and/or architectural significance, pertinent facts about them, and any action to be undertaken in coordination with the Planning Commission and/or other appropriate groups; and to maintain and periodically revise the detailed listings of historic sites and buildings and data about them, appropriately classified with respect to national, state or local significance, to period or field of interest.
B.
To propose, from time to time as deemed appropriate, the establishment of additional Historic Districts and revisions to existing Historic Districts.
C.
To formulate recommendations concerning the establishment of an appropriate system of markers for selected historic and/or architectural sites and buildings including proposals for the installation and care of such historic markers.
D.
To formulate recommendations concerning the preparation and publication of maps, brochures, and descriptive material about the Township's historic and/or architectural sites and buildings.
E.
To cooperate with and advise the Board of Supervisors, the Planning Commission, or other Township agencies in matter involving historically and/or architecturally significant sites and buildings (such as appropriate land usage, parking facilities and signs, as well as adherence to lot dimensional regulations and minimum structural standards.)
F.
To cooperate with and enlist assistance from the Heritage Conservation and Recreation Service, National Park Service, the National Trust for Historic Preservation, the Pennsylvania Historical and Museum Commission, the Charlestown Historical Society and other agencies, public and private, from time to time, concerned with historic sites and buildings.
G.
To advise owners of historic buildings on matters of preservation.
§ 27-707 Required Pre-Application Review Procedures.
[Ord. 6/20/1979]
1.
Prior to the preparation of working drawings and specifications or calling for proposals or bids from contractors, prospective property developers, owners or agents shall prepare preliminary scale drawings and outline specifications, including color samples for outside work, for review and informal discussion with the Board. The purpose of this review shall be to acquaint the developer, owner or agent with standards of appropriateness of design that are required of his/her proposed development.
2.
The required pre-application review shall not require formal application but does require notice to be given to the Zoning Officer, and subsequent notification of the Chairman of the Board at least 30 days before the date of the meeting at which the preliminary drawings are to be discussed. All documents shall be submitted in triplicate to the Zoning Officer who shall forward one copy to the Chairman of the Board.
3.
In the case of very minor projects involving repair or alterations to existing buildings, the Board, if the preliminary drawings and other data are sufficiently clear and explicit, may grant preliminary and final approval at one review session. Should said data indicate alterations, remodeling, or repairs not changing the exterior appearance, the Zoning Officer may exempt the application from provisions of this Part and approve a building permit.
§ 27-708 Procedures to Be Followed in Acting Upon a Request for a Certificate of Appropriateness.
[Ord. 6/20/1979]
1.
Upon receipt by the Board of a notice that an application for a building permit for the erection, reconstruction, alteration, restoration, demolition or razing of a building, or buildings, in the Charlestown Village Historic District has been filed, the Board shall schedule a hearing, to take place within 45 days of date of the filing of the application, to consider the counsel which it will give to the Board of Supervisors. The Board may schedule additional hearings, as necessary, which shall take place within 30 days of each other, unless mutually agreed otherwise by the Board and the applicant. The person applying for the permit shall be advised of the time and place of said hearing(s) and invited to appear to explain his/her reasons therefore. The Board may invite such other persons or groups (including any who have formulated an opinion concerning the granting of a certificate of appropriateness), as it desires, to attend the hearing(s). Any requirements for proper advertisement and notification for public hearings, as required by law, shall be observed.
2.
Within 45 days of the occurrence of the final hearing upon an application for a permit for the erection, reconstruction, alteration, restoration, demolition or razing of a building, or buildings, in the Charlestown Village Historic District, the Board shall either act upon approval for the issuance of a certificate of appropriateness, or find that the preservation and protection of historic places and the public interest will best be served by postponing the demolition or alteration for a designated period, which shall not exceed 180 days from the date of filing of the application, and notify the applicant of such postponement.
3.
In any case involving the demolition, or partial demolition of a structure, before granting approval or requiring a postponement, the Board may call upon the Township Engineer to provide them with a report on the state of repair and stability of the structure under consideration.
4.
Within the period of postponement of such demolition or alteration of any building, the Board shall take steps to ascertain what the Board of Supervisors can or may do to preserve such building(s), including consultation with private civic groups, interested private citizens and other public boards or agencies; and including investigation of the potential use of the power of eminent domain when the preservation of a given building is clearly in the interest of the general welfare of the community and of certain historic and architectural significance. The Board shall then make such recommendations thereabout to the Board of Supervisors.
5.
In the case of approval for the issuance of a certificate of appropriateness, the Board shall forthwith transmit a report to the Board of Supervisors stating the basis upon which such approval was made. If the Board shall fail to transmit such report within 45 days after the occurrence of the final hearing concerning an application for permit, the application shall be deemed to be disapproved, except where mutual agreement has been made for an extension of the time limit.
6.
In the case of disapproval for the issuance of a certificate of appropriateness, the Board shall forthwith transmit to the Board of Supervisors a report stating the reasons therefore, and may provide verbal advice and illustrative drawing(s) to the applicant and make recommendations with regard to appropriateness of design, arrangement, texture, material, color and the like of the property involved. If the applicant decides to make changes, he/she shall notify the Board and the Board of Supervisors, in writing within 10 days following the rendering of a decision by the latter as provided in § 27-712 herein.
§ 27-709 Materials to Be Submitted With an Application.
[Ord. 6/20/1979]
1.
Drawings Required for Submission with an Application for a Building Permit for Erection, Reconstruction, Alteration or Restoration of a Building. Every application for a building permit for erection, reconstruction, alteration or restoration of a building shall be accompanied by drawings, signed and stamped by an architect registered in the State of Pennsylvania and submitted in triplicate, for the purposed alterations, additions or changes and for new construction of buildings or property changes and for new construction of buildings or property use. Drawings shall include, but need not be limited to, plans and exterior elevations drawn to scale, with sufficient detail to show, as they relate to exterior appearances, the architectural design of the buildings including proposed materials, textures and colors, including samples of materials and colors; and a plot or site plan drawn to a scale not smaller than one inch equals 50 feet, showing property lines and adjacent roads from which the proposed activity may be viewed and all improvements affecting appearances such as walls, walks, terraces, landscaping, accessory buildings, parking, signs, lights and other elements.
2.
Photographs Required with an Application for the Demolition of and Existing Structures. Every application for a permit to demolish an existing structure shall be accompanied by a set of legible photographs (eight inches by 10 inches, black and white or color) showing all sides of the building under consideration and any interiors which relate its state of disrepair or substantiate the need for demolition and photographs showing the contiguous properties and the relationship of the building to them.
3.
Photographs Required with an Application for Repair, Alterations, And/or Additions to Existing Structures. Every application for repair, alterations and/or additions to existing structures shall be accompanied by a set of legible photographs (eight inches by 10 inches, black and white or color) showing all sides of the structure, and photographs showing the adjacent properties and the relationship of the building to them.
4.
Photographs Required with an Application for New Construction. Every application for new construction shall be accompanied by a set of legible photographs (eight inches by 10 inches, black and white or color) showing the construction site and its relationship to the properties contiguous to it.
5.
All of the above-mentioned materials shall be filed with the Zoning Officer, who shall forward them to the Chairman of the Board.
6.
In order to provide guidance and insight into desirable goals and objectives for the Charlestown Village Historic District or for desirable types of development, and for the maintenance of consistent policies in guiding the building public toward better standards of design, the Board shall maintain a file containing records of all applications brought before the Board, drawings submitted and amendments of drawings pertaining thereto, and drawings and photographs or reproductions thereof showing structures which, in its opinion, may serve as general guides to appropriateness or as expressions of objectives to prospective developers or property owners. Such documents shall remain the property of Charlestown Township, but be held in the custody of the Board.
§ 27-710 Evaluation Criteria to Be Used in Passing Upon an Application for a Certificate of Appropriateness.
[Ord. 6/20/1979]
1.
The Board may recommend against the issuance of a certificate of appropriateness for the erection, reconstruction, alteration, demolition, partial demolition, or removal of any structure within the Charlestown Village Historical District which, in the Board's opinion, would be detrimental to the interests of the District and against the public interests of the Township.
2.
In determining the counsel to be presented to the Board of Supervisors concerning the issuing of a certificate of appropriateness authorizing a permit for the erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building within the Charlestown Village Historic District, the Board shall consider the following matters:
A.
The effect of the proposed change upon the general historic and architectural nature of the District.
B.
The appropriateness of exterior architectural features which can be seen from a public street or way only.
C.
The general design, arrangement, texture, material and color of the building or structure, and the relation of such factors to similar features of buildings or structures in the District.
3.
In addressing Subsection 2A through C above, the Board shall consider at least the following criteria in making its decision relative to the appropriateness of the proposed action:
A.
Proportion of building's facades.
B.
Proportion and location of openings within the building.
C.
Location and scale of entrances and/or porch projections.
D.
Relationship to existing colors, textures and materials.
E.
Consistency of architectural detailing.
F.
Consistency in the appearance of roof lines and shapes.
G.
Appropriateness and consistency of landscaping.
H.
Overall scale.
I.
Overall site planning and spatial definition produced by the location and placement of structures.
J.
Relationship to existing building heights.
K.
Relationship to the front, rear and side yard setbacks of existing buildings.
L.
Other building and site criteria which will insure the appropriateness and consistency of the proposed action relative to the existing character within the Charlestown Village Historic District.
§ 27-711 Findings of the Board of Historical and Architectural Review.
[Ord. 6/20/1979]
1.
The Board, according to the provisions of § 27-708, Subsection 2, herein, or within 45 days of the receipt of any changes in the plans and specifications for the proposed action, according to § 27-708, Subsection 6, herein, shall submit to the Board of Supervisors, in writing, its counsel concerning the issuance of a certificate of appropriateness authorizing the issuance of a permit for the erection, construction, alteration, restoration, demolition, partial demolition or razing of all or part of any building within the Charlestown Village Historic District. This counsel shall be submitted in the form of a written report which shall include but need not be limited to documentation of the following:
A.
The exact location of the area in which the work is to be done.
B.
The exterior changes to be made or the exterior changes of the structure to be erected.
C.
A list of the surrounding structures with their general exterior characteristics.
D.
The effect of the proposed change upon the general historic and architectural nature of the District.
E.
The appropriateness of exterior architectural features which can be seen from a public street or way only.
F.
The general design, arrangement, texture, material and color of the building or structure and the relation of such factors to similar features of buildings or structures in the District.
G.
The opinion of the Board (including any dissent) as to the appropriateness of the work proposed as it will preserve or destroy the historic aspect and nature of the District.
H.
The specific counsel of the Board as to the issuance of a certificate of appropriateness.
§ 27-712 Actions by the Board of Supervisors.
[Ord. 6/20/1979]
1.
Upon receipt of the written report from the Board as provided in § 27-711, the Board of Supervisors shall consider at the next regularly scheduled or special meeting, the question of issuing to the Zoning Officer a certificate of appropriateness authorizing a permit for work covered by the application. The applicant shall be advised by the Township Secretary of the time and place of the meeting at which his/her application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing the application.
2.
In determining whether or not to certify to the appropriateness of the proposed construction, alteration, reconstruction, repair, restoration, demolition or razing of all or a part of any building within the Charlestown Village Historic District, the Board of Supervisors shall consider the same factors as the Board set forth in § 27-710 herein and its report, § 27-711.
3.
If the Board of Supervisors approves the application it shall issue a certificate of appropriateness authorizing the Zoning Officer to issue a permit for the work covered.
4.
If the Board of Supervisors disapproves the application, they shall do so in writing, and copies shall be given to the Zoning Officer, the applicant and to the Pennsylvania Historical and Museum Commission. The disapproval shall set forth the reasons therefore, and shall indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical and architectural character of the district.
5.
In either case, the Board of Supervisors shall notify the applicant within 10 days of its meeting at which the application was considered, unless mutually agreed otherwise.
6.
When a certificate of appropriateness has been issued, a copy thereof shall be transmitted to the Township Building Inspector, who shall from time to time inspect the alteration or construction approved by such certificate and shall make a monthly report of such inspection to the Board listing all work inspected and reporting any work not in accordance with such certificate or violating any ordinances of the Township.
§ 27-713 Land Use Regulations.
[Ord. 6/20/1979]
1.
A building or other structure may be erected and used, and a lot may be used and/or occupied subject to Parts 11 and 12, for the following:
B.
Commercial. In order to promote economic variety as embodied in compatible commercial activity within the District, the following commercial uses are permitted:
C.
Miscellaneous. In order to encourage a wide variety of land uses consistent with the objectives of the District, the following uses are also permitted:
D.
Accessory buildings shall be utilized only for purposes consistent with the provisions of this section and should be subordinate to the principal use of land or a structure on a lot and customarily incidental thereto.
§ 27-714 Area and Bulk Regulations.
[Ord. 6/20/1979]
Area and bulk characteristics, for proposed construction, such as minimum lot area; minimum lot width at the building line; minimum lot width at the street line; maximum impervious surface and building coverage; minimum depth of front and rear yards; minimum depth of side yards, etc., shall be evaluated by the Board according to their conformance with the existing character of the District. However, in no instance shall such characteristic result in construction which is not in the interest of the public health, safety and general welfare.
§ 27-715 Structural Standards.
[Ord. 6/20/1979]
1.
All buildings and structures shall be preserved against decay and deterioration and maintained free from structural defects by the owner(s), or such other person(s) who may have the legal custody and control thereof. The said owner, or other person having legal custody and control thereof, shall repair and thereafter maintain said building in a manner consistent with the building code, sanitary code and other pertinent regulations of Charlestown Township and the County of Chester. The provisions of this chapter shall not be construed to:
A.
Require the issuance of a certificate of appropriateness prior to undertaking routine maintenance unless such maintenance includes erection, reconstruction, alteration, restoration, demolition or razing all or part of a structure.
B.
Require a level (or degree) of maintenance greater than that required under provisions of other pertinent Township regulations.
C.
Require any action by the owner (other than preservation against decay, deterioration, repair and routine maintenance as stipulated in this section) to comply with the intent of this chapter before said owner voluntarily chooses to erect, reconstruct, alter, restore, demolish or raze all or part of a building. It is however anticipated that property owners will be stimulated by this chapter to undertake the desired erection, reconstruction, alteration, restoration, demolition or razing as promptly as consistent with their abilities to do so.
2.
The Board on its own initiative may file a petition with the Building Inspector requesting that he/she proceed under the building code of the Township to require correction of defects or repairs to any structure within the District so that such structure shall be preserved and protected in consonance with the purpose of this Part and the public safety.