Concord Township City Zoning Code
ARTICLE XIXA
Historic Preservation
§ 210-183.1 Purposes.
This article is designed to:
A.
Promote the general welfare by protecting the integrity of the historic resources of Concord Township.
B.
Establish a clear process by which proposed changes affecting historic resources, such as requests for demolition of, or special exception or conditional uses for, or any subdivision or land development or construction within 300 feet of a historic resource as described in §§ 210-183.6 and 210-183.7, are reviewed by the Concord Township Historical Commission and the Township Council.
C.
Mitigate the negative effects of proposed changes on historic resources.
D.
Encourage the continued use of historic resources and facilitate their appropriate reuse.
E.
Tailor protective measures to those clearly delineated historic resources in Concord Township worthy of preservation.
F.
Encourage the preservation of historic settings and landscapes.
G.
Discourage the unnecessary demolition of historic resources.
§ 210-183.2 Application and interpretation.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this article to have the meanings indicated below:
A.
The present tense includes all other tenses; the singular includes the plural, and the plural includes the singular; the masculine gender includes the feminine and neuter; the word "used" includes the words "designed" or "arranged;" the word "person" includes any individual, estate, trust, fiduciary, partnership, association, corporation or any other organization or entity, including the principal officers thereof or any person or entity acting directly or indirectly by, through or under any of the foregoing; the word "occupied" includes the words "designed, or intended to be occupied;" the word "structure" includes "building"; the word "shall" is always mandatory; the word "may" is always permissive and the words "as amended" as applied to any statute, ordinance, code, regulation, plan or map includes replacements, supplements or restatements thereof; and reference to a particular article, section or subsection which inherently refers to other articles, sections or subsections, includes all articles, sections or subsections referred to.
B.
The word "Township" means Concord Township, Delaware County, Pennsylvania"; the term "Board" and the words "Board of Supervisors" mean the Township Council of the Township (in legislation adopted after January 2017, reference is to the "Council" or "Township Council"); the term "Planning Commission" means the Planning Commission of the Township; and "Commission" or "Historical Commission" means the Historical Commission of the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
The terms "such as" and "including" are intended to introduce matters which are illustrative of the meaning of the sentence, clause or phrase in which such terms appear without limiting or derogating from the general application of the sentence, clause or phrase in which such terms appear.
§ 210-183.3 (Reserved) [1]
§ 210-183.4 Historic Resources Map.
Historic resources in Concord Township shall be as shown upon the map attached to and made part of this article which shall be designated "Historic Resources Map," prepared by Thomas Comitta Associates, Inc., Town Planners & Landscape Architects, dated August 12, 1997, last revised August 18, 1997. Said map and all the notations, references and other data shown thereon and the inventory attached hereto compiled by the Concord Township Historical Society, dated August 10, 1997, last revised August 17, 1997, are hereby incorporated herein by reference into this article and shall be as much a part of this article as if all were fully described herein.[1]
A.
Classifications. The Historic Resources Map delineates resources by classification. The three classifications of historic resources in Concord Township are defined as follows:
(1)
Class I:
(a)
Buildings on the National Register.
(b)
Contributing resources in a registered historic district, i.e., buildings, sites, structures and objects filed as such with the National Register of Historic Places.
(c)
Buildings, sites, structures, objects and districts which have received a determination of eligibility (DOE).
(2)
Class II. Historic resources and districts not meeting National Register criteria, but determined to be of historical significance (for example, more than 100 years old or related in some way to an important person or significant to local history) to Delaware County and/or Concord Township and appropriately documented to that effect by the Concord Township Historical Commission.
(3)
Class III. Historic resources and districts included in the Historic Resources Map of the Historical Commission and not included in either Class I or Class II above.
B.
Revisions. The Historic Resources Map shall be reviewed as needed but at least once each calendar year and revised if needed by legislative action of the Township Council, after a public hearing.
(1)
In considering any revisions, including additions, deletions or changes of classification to the Historic Resources Map, the Township Council shall afford the Historical Commission an opportunity to supply a written recommendation.
(2)
The owner(s) of any property(ies) which is the subject of any such proposed legislative action shall be given written notice of the Historical Commission's recommendation to the Township Council at least 30 days prior to the public hearing.
C.
Official inventory. The Historical Commission shall maintain an updated inventory of resources shown on the Historic Resources Map and their respective classifications for Concord Township.
[1]
Editor's Note: The Historic Resources Map and Historic Resources Inventory are attachments to this chapter.
§ 210-183.5 Historical Commission.
A.
Establishment and membership. There is hereby established a Historical Commission, which shall consist of five members who shall all be residents of Concord Township, and who shall be appointed by the Township Council. The membership of the Commission shall include individuals who have an interest in history, archaeology or historic preservation.
B.
Each Commission member shall serve for a term of three years, which shall be so fixed that no more than two terms shall expire each year. The Commission shall notify the Township Council of any vacancies in the Commission. Appointments to fill vacancies for unexpired terms shall be only for the unexpired portion of the term.
C.
Members shall serve without pay but shall be reimbursed for any personal expenditures in the conduct of Commission business when authorized by the Township Council.
D.
The Township Council may, after a hearing, remove any member of the Commission from office for inefficiency, neglect of duty, malfeasance in office or conflict of interest.
E.
Organization. The Commission shall annually elect from its own membership a Chairman, who will direct the activities of the Commission, and such other officers as may be required for the conduct of its business. A quorum shall be not less than a majority of the current membership. The Commission may make, alter and rescind rules and forms for its procedures consistent with the ordinances of the Township and laws and regulations of the commonwealth. The Commission shall keep full public records of its business and shall submit a monthly report of its activities to the Township Council.
F.
Expenditures for services. Within the limits of funds appropriated by the Township Council, the Commission may employ staff or contract for clerical, consulting or other technical services.
G.
Functions and duties. In accordance with the purposes of this article, the Commission's primary purpose is to advise the Township Council and the Zoning Hearing Board of Concord Township on matters pertaining to the historic resources of Concord Township and shall have the following functions and duties:
(1)
Gather documentary evidence, illustrations, photographs and other appropriate materials to establish historic sites worthy of listing in the Historic Resources Map and to maintain a system for the continued survey and inventory of historic buildings, sites, structures, objects and districts in Concord Township.
(2)
Conduct research on and nominate significant resources to the National Register of Historic Places and any other appropriate lists or programs.
(3)
Advise the Building Inspector and Township Council on the issuance of demolition permits for historic resources, as set forth in § 210-183.6.
(4)
Review and comment on subdivision or land development applications which contain historic resources, or are within 300 feet of a historic resource, in accordance with the requirements and procedures of Chapter 160, Subdivision and Land Development, of the Code, this article and other applicable ordinances.
(5)
Make recommendations to the Township Council concerning revisions, updates or corrections to the Historic Resources Map.
(6)
Maintain an updated inventory which clearly identifies buildings, sites, structures, objects and districts and their respective classifications on the Historic Resources Map.
(7)
Consider, promote and, with the approval of the Township Council, apply for technical and financial assistance from appropriate local, county, state, federal and other agencies in the preservation of significant historical and architectural sites within the Township and to report all related actions to the Township Council.
(8)
Prepare and submit a yearly budget to the Township Council for sums deemed necessary to carry out the objectives of the Commission.
(9)
Assist individual property owners with decisions pertaining to historic resources in terms of their use and maintenance.
(10)
Identify resources suffering from neglect and confer with and advise property owners to alleviate and correct neglect situations.
(11)
Advise the Building Inspector and Township Council on all requests for special exceptions, conditional uses or variances affecting historic resources.
(12)
Perform any other activities as might be requested by the Concord Township Township Council.
§ 210-183.6 Demolition of historic resources.
A.
No Class I or Class II historic resource, as defined on the Historic Resources Map, may be demolished unless the property owner obtains a permit and complies with this section. Demolition includes demolition by neglect, which refers to leaving a building or structure or other resource open to vandalism or vulnerable to decay by the elements. Unoccupied structures are required to be tightly sealed and fenced off and the utilities turned off for safety.
B.
Permit requirements. No Class I or Class II historic resource within Concord Township shall be demolished unless in compliance with the applicable standards and procedures of the Township building and fire codes. In particular, the Building Inspector, or such other person or agency charged by the Township Council with the issuance of permits for demolitions, shall not issue a permit for any proposed demolition that is not in compliance with those requirements and, as applicable, with the requirements of this section. If such a resource is determined to be a victim of neglect and the owner fails to rehabilitate the resource or apply for a demolition permit, the Township may then determine that the property is being demolished and may request a demolition permit application from the owner and require the owner to participate in the permit process.
C.
Proposed demolition of historic resources. All applications to demolish a Class I or Class II historic resource, as defined on the Historic Resources Map, that are received by the Township will be forwarded to the Township Council for acceptance at its next public meeting. This meeting will begin the review period, at the end of which, or prior to, if appropriate, the Township Council will render a decision. The review period begins with the acceptance of the application and ends at the Township Council's monthly meeting three calendar months after acceptance of the application.
D.
Following the Township Council's acceptance of the application, the Historical Commission shall review the application and may appoint a project manager to work with the property owner on processing the application.
E.
Application requirements for historic resources. In addition to applicable requirements under the Township building and fire codes, any property owner seeking a permit to demolish a Class I or Class II historic resource shall provide a written report of the following with regard to that historic resource. Some of the information required may be obtained through the Historical Commission; however, it is the property owner's responsibility to produce the report.
(1)
Owner of record.
(2)
Identification, description and classification from the Historic Resources Map.
(3)
Site plan showing all buildings and structures and all historic resources on the property.
(4)
Recent photographs of the resource proposed for demolition.
(5)
Reasons for the demolition.
(6)
Method of demolition.
(7)
Future uses of the site and of the materials from the demolished resource.
(8)
Alternatives to demolition.
F.
Review by the Concord Township Historical Commission. After the property owner has provided the information required and the Historical Commission has reviewed the findings and discussed alternatives with the property owner, the Historical Commission will review the application at its next public meeting. The property owner shall be notified of the meeting and requested to present evidence or testimony pertaining to the demolition at the meeting. In reviewing the application, the Commission shall take into account:
G.
Initial recommendation of the Concord Historical Commission. Within the review period, unless the property owner has agreed, in writing, to an extension of time, the Commission shall recommend one of the following courses of action to the Township Council:
(1)
The Commission may recommend that the Township Council issue a certificate of appropriateness to the Building Inspector to issue the demolition permit.
(2)
The Commission may elect to request additional time, as specified in Subsection H below, to provide adequate opportunity for the Commission to document the resource proposed for demolition, prior to the actual demolition of the resource. Such documentation may include photographs, floor plans, measured drawings, archaeological survey and any other comparable form of documentation required by the Commission.
(3)
The Commission may recommend that the demolition permit be denied because an economically viable alternative use has been found for the historic resource. This alternative use may be in concurrence with the property owner or may require additional time as specified in Subsection H below to resolve the issues around the alternative use.
H.
Time extension. The Commission or the property owner may request an extension of the review period in order to resolve the issues around the issuance of the demolition permit as stipulated in Subsection G above. Each extension shall be mutually agreed upon and shall be for a specified period of time.
I.
Action by Township Council. The Township Council, within the time frame specified herein and after reviewing all available information, shall take final action upon the application and, where appropriate, issue a certificate of appropriateness to the Building Inspector.
§ 210-183.7 Conditional use provisions.
[Amended 12-1-1998 by Ord. No. 227]
A.
In addition to the uses permitted by right, special exception or conditional use in the various zoning districts of Concord Township, each Class I or Class II historic resource dwelling, barn, outbuilding or other building as defined on the Historic Resources Map[1] in these districts shall be entitled to continue any use in existence for a continuous period of not less than 25 years at the time of adoption of this article. Subject to the following provisions, such Class I or Class II historic resource dwelling, barn, outbuilding or other building shall be entitled to one or more of the additional use opportunities specified in Subsections B and C of this section.
[Amended 12-4-2001 by Ord. No. 265]
(1)
Compliance with the standards and procedures contained in applicable sections of this article.
(2)
Preparation of historic resource study as defined in § 210-183.10.
(3)
Review and recommendation by the Historical Commission.
(4)
Additional requirements set forth in this section.
(5)
Approval of the Township Council following a conditional use hearing.
[1]
Editor's Note: The Historic Resources Map is an attachment to this chapter.
B.
Additional dwelling unit. An additional dwelling unit, over and above existing zoning requirements, may be allowed in a historic dwelling, barn, outbuilding or other building as defined on the Historic Resources Map,[2] provided that the following conditions are met:
(1)
The additional dwelling unit has no more than two bedrooms.
(2)
There is sufficient off-street parking, to the rear or side, to accommodate two additional vehicles, and the additional unit will not require or generate additional vehicle parking beyond the two provided.
(3)
Any additions/alterations to the existing historic structure and all landscaping must conform to existing zoning and subdivision and land development ordinance requirements and should follow as closely as possible the most recent edition of the Secretary of the United States Department of the Interior's Standards for Rehabilitation (defined in Subsection D below) and the most recent edition of the Secretary of the Interior's Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
(4)
The dwelling unit shall be totally contained within the historic resource.
(5)
Property containing a historic resource shall be of sufficient size to comply with the zoning requirements of the district for two dwelling units.
(6)
The dwelling unit may be in the form of an apartment unit in the historic dwelling or may be wholly contained within the barn, outbuilding or other building.
[2]
Editor's Note: The Historic Resources Map is an attachment to this chapter.
C.
Conditional uses. The historic dwelling, barn, outbuilding or other building as defined on the Historic Resources Map[3] may be utilized for the uses listed below, provided that the conditions set forth in Subsection D of this section are met:
(2)
Cultural studio/facility. A studio used for artistic instruction or education used by artists, photographers, dancers, craftsmen, artisans and/or used by artists to produce artistic objects and/or a facility for public viewing of artistic, educational or historic objects that would allow the selling of the objects on view, such as museums, galleries, as well as antique shops, provided that it includes only the display and sale of objects and does not include the repair, finish/refinish, construction or preparation of objects for sale.
(3)
Educational/social center. A facility, on a lot of not less than five acres, for educational and business conferences, including teleconferencing, as well as private parties and gatherings, to include the preparation and serving of food and beverage to the guests, but does not include a public restaurant.
(4)
Flower shop. An establishment for the retail sale of flowers, plants and floral arrangements prepared on site.
(5)
Indoor recreational facility. A facility for athletic activities involving physical exercise, fitness and health maintenance, such as aerobics, racquetball, handball and tennis.
(6)
Funeral home. An establishment in which the dead are prepared for burial or cremation and in which wakes and funerals may be held.
(7)
Educational farm. A facility, on a lot not less than 10 acres in size, making use of its current farming facilities and usage to provide instruction in farming history, methods, techniques and farm animals as practiced in Concord Township and Delaware County, Pennsylvania.
[3]
Editor's Note: The Historic Resources Map is an attachment to this chapter.
D.
The conditions that must be met in order for the historic dwelling, barn, outbuilding or other building as defined on the Historic Resources Map[4] to be utilized for the above defined conditional uses are as follows:
(1)
The historic resource is located on a lot of five acres or more or, if on a lot of one to five acres, the activity generated by the proposed use is located at least 300 feet from any residential dwelling.
(2)
The use conforms to existing fire and safety regulations.
(3)
There is sufficient off-street parking to accommodate the use, which parking conforms to the following:
(a)
Parking spaces do not exceed eight allowable spaces per acre of available lot coverage.
(b)
Parking is at least 100 feet from any residential dwelling located on adjacent property, is placed to the side or rear of the main structure and is sufficiently landscaped to shield the parking area from residential view.
(4)
Lighting is limited to providing sufficient lighting for safety and security of customers of the establishment, but does not impinge on neighboring residential character, as determined by the Historical Commission.
(5)
The conditional use does not include a liquor license.
(6)
Entertainment is not provided by the property owner or lessee (leasing agent) but is allowed if a customer provides the entertainment, the entertainment conforms to existing ordinances and includes no amplified music audible from the outside.
(7)
Hours of operation are limited to 8:00 a.m. to 11:00 p.m., excluding time required for set up and clean up.
(8)
Any addition/alteration to the existing historic structure, and all landscaping, must conform to the existing zoning and subdivision and land development ordinance requirements.
(9)
Board approval or rejection.
(a)
In determining whether to approve or reject the proposed addition or alteration, the Township Council shall consider the effect which the proposed addition/alteration will have upon the general historic and architectural nature of the Township. The Township Council shall pass upon the appropriateness of the proposed exterior architectural features which can be seen from a public street or way and shall consider the general design, arrangement, texture, material and color of the building or structure and the relation of such factors to similar features of buildings and structures in the Township. In evaluating the proposed addition/alteration, the Township Council shall consider:
[1]
Broad historical values representing the cultural, political, economic or social history of the Township.
[2]
The relationship of the structure with historic personages or events.
[3]
Specimen architectural types representative of a certain period and a style or method of construction.
[4]
The effect of the proposed change upon the general historic and architectural nature of the Township.
[5]
The appropriateness of exterior architectural features which can be seen from a public street or way.
(b)
In its review the Township Council may rely upon, where appropriate, the most recent edition of the Standards for Rehabilitation and the Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings of the United States Department of Interior.
[4]
Editor's Note: The Historic Resources Map is an attachment to this chapter.
E.
An applicant requesting a conditional use shall follow, as applicable, the provisions of Article XXVII, Conditional Uses, and in addition shall comply with the following:
(1)
The request for a conditional use shall be accompanied by a historic resource study complying with the provisions of § 210-183.10, Historic resource study.
(2)
At the conditional use hearing conducted by the Township or its designee a representative from the Historical Commission, when requested by the hearing body, may be present and offer testimony and evidence on behalf of the Historical Commission.
(3)
Applicants shall have the option of submitting the historic resource study to the Historical Commission prior to filing the application request for a conditional use and meeting with the Historical Commission to discuss the request for a conditional use.
§ 210-183.8 Modification to area and bulk regulations.
A.
The Zoning Hearing Board, through the grant of a variance, may approve requested modifications to the otherwise applicable lot size, lot dimension or yard requirements for plans affecting Class I and Class II historic resources, if it is necessary in order to preserve and protect a historic resource, as long as it does not adversely affect water supply, sewer systems and off-street parking.
B.
In a cluster development, the minimum lot area of specific lot(s) may be lowered to as low as a quarter acre and averaged with others in order to provide additional acreage within the historic resource.
C.
The lot dimensions and/or yard requirements for a historic resource and the lots adjacent to the historic resource may be adjusted, if no alternatives exist, in order to preserve the historic resource on its own lot.
§ 210-183.9 Development provisions.
[Amended 12-1-1998 by Ord. No. 227]
A.
Residential development.
(1)
In the preservation and use of a Class I and/or Class II historic resource, there shall be included a lot area of sufficient size to preserve those portions and features of the historic resource which are significant to its historical, architectural and cultural values. As a minimum, no lot line shall be closer than 85 feet to a Class I or Class II historic resource.
(2)
After the lot area of the Class I and/or Class II historic resource is determined in accordance with Subsection A(1) above, the remaining number of buildable lots that would be allowed on the parcel by this chapter may be reduced in size, if necessary, to accommodate that same number on the parcel, to not smaller than 20,000 square feet or 10, 000 square feet, in a cluster development.
B.
Nonresidential properties. For each additional acre above the minimum required lot area for the historic resource remaining with the historic resource, an additional 1% of building coverage may be permitted for nonresidential properties.
§ 210-183.10 Historic resource study.
A.
Applicability. A historic resource study is required when any of the following are proposed:
(1)
When a developer or landowner files an application for approval of a subdivision or land development plan which proposes construction of buildings and other structures, streets, ways and parking facilities, common open space and/or public facilities or any other facility or improvement requiring subdivision and/or land development approval pursuant to the provisions of Chapter 160, Subdivision and Land Development, of the Code, located within 300 feet of the exterior walls of any Class I or Class II historic resource.
(2)
Any application or plan which proposes a conditional use as defined in § 210-183.7, Conditional use provisions.
(3)
General bridge or highway construction or substantial repair passing within 300 feet of the exterior walls of any Class I or Class II historic resource.
B.
The historic resource study shall be prepared by the developer and/or land owner and submitted to the Commission. The study may utilize the records contained within the jurisdiction of the Commission.
C.
Contents. The study shall contain at least the following information:
(1)
Background information.
[Amended 12-1-1998 by Ord. No. 227]
(a)
A general site description, including topography, watercourses, vegetation, landscaping, existing drives, etc.
(b)
General description and classification of all historic resources located on the subject tract, on tracts immediately adjacent to the subject tract or road, or within 300 feet of the subject tract or road.
(d)
An assessment of the significance of each historic resource, both relative to the Township and region in general.
(2)
Proposed change.
(a)
General description of project, including timetable or phases.
(b)
Description of effect on each historic resource identified in Subsection C(1)(b) above, with regard to architectural integrity, historic setting and future use.
(c)
General description of effect of noise and traffic and any other consequence generated by the proposed change on each historic resource.
(3)
Mitigation measures.
(a)
Recommendations for mitigating the project's effect on historic resources, including design alternatives, buffering, screening, tree replacement, berming, fencing, landscaping and any other appropriate measures permitted or required under the terms of this article and any Township ordinance or any other federal or state regulations.
(b)
Measures to control traffic, noise, odor or other emissions which may have an adverse effect on the historic resource.
(c)
Other mitigation measures may include, but need not be limited to:
[1]
Any new construction cannot be closer than 85 feet to the historic resource.
[2]
Any structure to be built within 300 feet of a historic resource must have 10% glass on any wall facing the historic resource and the public way, and the design must include a vertical bay design with a sixteen-foot-to-twenty-four-foot dimension for each bay, and the gable end of the roof must face the historic resource.
D.
Review of study. The Historic Resource Study will be reviewed by the Commission. The Commission shall set forth its evaluation and recommendations in a written report to Township Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 210-183.11 Preservation of other restrictions.
The provisions of this Article XIXA shall not be construed to repeal, abrogate or impair any existing easements, covenants or deed restrictions applicable to historic resources, and any such existing easements, covenants or deed restrictions shall remain in full force and effect, enforceable by any and all parties in interest.
§ 210-183.12 Repealer.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency except Article XX, Floodplain Conservation District, of this chapter of Concord Township, which is not repealed or amended and its provisions shall remain in full force and effect.