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East Vincent Township
City Zoning Code

PART 14

CULTURAL RESOURCE CONSERVATION

§ 27-1401 Purpose.

[Ord. 162, 6/12/2002, § 1400]
1. 
In addition to the general goals and purposes expressed in the Statement of Community Development Objectives (§ 27-106), this Part is intended to address the following purposes:
A. 
To promote conservation of the unique and sensitive natural, historic, and visual attributes of the French Creek scenic river corridor, particularly the scenic views visible from public roads within the corridor and from the French Creek.
B. 
To encourage the preservation of historic settings and landscapes by promoting their continued use, facilitating appropriate reuse, and discouraging unnecessary demolition.
C. 
To establish clear processes by which proposed changes affecting identified historic resources and scenic landscapes are reviewed and the impacts of such changes mitigated.

§ 27-1402 French Creek Scenic Corridor Overlay District.

[Ord. 162, 6/12/2002, § 1401]
1. 
Use Regulations. Within the French Creek Scenic Corridor Overlay District a building may be erected, altered, or used, and a lot maybe used as provided in the underlying base zoning district.
2. 
Area and Bulk Regulations. Within the French Creek Scenic Corridor Overlay District the area and bulk regulations of the underlying base zoning district shall apply.
3. 
Special Criteria for Development in the Scenic Corridor. Except as otherwise noted herein, the following special criteria are applicable within the French Creek Scenic Corridor Overlay District to any new principal use and to the expansion, alteration, modification, or reconstruction of any existing use or structure for which a building permit is required:
A. 
Siting in Relation to Existing Topography.
(1) 
Permitted structures shall be sited entirely below the elevation of the nearest ridge line, to the greatest extent feasible.
(2) 
Where the applicant contends that the siting of structures entirely below ridge lines is not feasible, the applicant shall include within submitted sketch, subdivision, or land development plans one or more of the following mitigative design techniques:
(a) 
Siting of buildings and roof lines parallel to topography.
(b) 
Siting of buildings so as to minimize prominence from the perspective of public views (for example, face short side/end toward prominent view).
(c) 
Submission of individual lot landscaping plans demonstrating effective screening of views from public roads.
(d) 
Introduction of landscape screening comprised primarily of native plant material designed to be compatible with the existing landscape.
Such siting and/or landscaping shall comply in all other relevant respects with the provisions of this chapter.
B. 
Standards for Retention or Installation of Vegetation.
(1) 
A landscape plan shall be required which details existing vegetation and its maintenance and all supplemental landscaping, including introduction of required screening and/or shade trees.
(2) 
Disturbance of existing woodland areas shall be minimized. Where feasible, clearing of woodland to provide for construction access shall be minimized by locating access clearings so as to coincide with ultimate driveway locations. Otherwise, access clearings should be located such that each clearing serves two or more adjacent lots or building sites. Restrictions regarding tree and other vegetation removal shall not extend to deadwood or diseased vegetation.
(3) 
Except as provided herein, clearing of trees for any purpose shall not result in the removal of more than 20% of any existing tree mass, treeline, hedgerow, or individual freestanding trees over six inches DBH. For the purposes of this section, the extent of area occupied by such trees shall be measured from the outer-most drip line of any tree or of all the trees in a tree mass, treeline or hedgerow.
(4) 
Where the applicant demonstrates to the satisfaction of the Board that additional woodland removal is necessary to permit development in accordance with this section, replacement plantings shall be provided. Replacement plantings shall include at least one tree and two shrubs for each 300 square feet of woodland, or fraction thereof, removed beyond 20%. All specimen trees to be retained shall be credited toward any tree replacement requirement, at a ratio of three trees credited for each individual specimen tree retained. The applicant's required landscape plan shall indicate all areas of woodland removal, as well as the species and locations of replacement plantings. Plantings used to comply with the minimum number of replacement plantings shall conform to the woodland conservation provisions of § 27-1503.4B, 4C, and 4D.
(5) 
Within the French Creek Scenic Corridor Overlay District, the riparian buffer area conservation provisions of § 27-1504 are modified as follows:
(a) 
Agricultural activities in accordance with § 27-1609 of this chapter may be conducted to within 25 feet of the bank of the French Creek.
(b) 
Vegetation may be cleared as a reforestation measure to within 25 feet of the bank of the French Creek, or up to the bank as a means to eliminate dead, diseased, or hazardous tree stands or noxious vegetation, pursuant to clause seven below.
All other provisions of § 27-1504 apply within this overlay district as stated therein.
(6) 
Wildlife habitat in the riparian corridors along the French Creek and its tributaries shall be preserved to the greatest extent feasible. Where feasible, more than one type of habitat area on a single tract shall be preserved in order to promote maintenance of habitat diversity.
(7) 
Reforestation. In the context of an application for approval of a conditional use, preliminary subdivision plan, special exception, variance, or building permit, the Township may require that riparian vegetation be reestablished to a minimum width of 50 feet, measured from the top of the bank of the French Creek. A landscape plan shall accompany the application and adequately illustrate the proposed riparian buffer, including a list of native trees and shrubs to be provided, and defining the long-term management provisions. All plantings shall be established prior to final occupancy permit approval.
C. 
Grading standards. Alteration of natural ridgelines within the French Creek Scenic Corridor Overlay District through grading or earthmoving shall be avoided or, if not feasible, shall be minimized to the greatest extent feasible.
D. 
Special Criteria for Use of the Open Space Design Option in the French Creek Scenic Corridor Overlay District. It shall be the burden of the applicant to demonstrate to the Board of Supervisors that to the greatest degree feasible, development under the open space development option shall be sited outside areas visible from any public road or from the French Creek. Where it is not entirely feasible to locate development outside such areas (due to insufficient or unsuitable alternative portions of the tract), approval of proposed siting within visible areas shall be contingent upon determination by the Board of Supervisors that either or a combination of the following mitigative design techniques shall be satisfactorily employed:
(1) 
Applicant shall submit landscape plans indicating that the introduction of landscape screening and/or the retention of existing vegetation or topographic features shall achieve an effective visual screen as viewed from any adjacent public road and from the French Creek. An effective screen shall not be construed to require the complete preclusion of view of new development, but shall minimize the visual impact of such development to the greatest degree feasible. Landscape screening may include plant material as well as other landscape material such as berms or walls and shall constitute a continuous visual screen at least six feet in height at the time of initial occupancy of the development and lasting as long as the use requiring the screening is established. Plant material utilized for screening may include a mixture of evergreen and deciduous trees and shrubs; evergreen plantings shall be grouped and spaced with such frequency as to minimize opportunity for direct view through the screen during the winter season. Submitted landscape plans shall further demonstrate to the satisfaction of the Board that proposed landscaping is designed so as to achieve the following:
(a) 
Compatibility with existing surrounding landscape features.
(b) 
Replication of characteristic landscape features.
(c) 
Plant material composition consisting primarily of native plant material.
(2) 
Where proposed development within areas visible from any public road or from the French Creek is not effectively screened from view to the satisfaction of the Board of Supervisors, the Board may require that applicant submit schematic plans and/or drawings of affected structures. It is not the intention of the Township to govern specific architectural design nor to link development approval to any specific architectural design criteria. Rather, submitted drawings shall aim to indicate proposed siting and to illustrate the general character of the intended exterior design with sufficient detail to demonstrate, in terms of how such buildings may be viewed from adjacent public roads or from the French Creek, reasonable replication of proportional relationships of form and massing evident in existing historic resources in the Township, including ratios of height to width, length of individual facade segment, roof pitch, relative size and placement of windows, doors, and other facade details.
4. 
General Design Standards. Within the FC-French Creek Scenic Corridor Overlay District the general design standards applicable in the underlying base zoning district shall apply.

§ 27-1403 Special Provisions for Historic Resources.

[Ord. 162, 6/12/2002, § 1402]
1. 
Purpose. It is hereby declared as a matter of public policy that the preservation and protection of buildings, structures, and sites of historic, architectural, cultural, archeological, educational, and aesthetic merit are public necessities and are in the interests of the health, prosperity and welfare of the people of East Vincent Township. It is therefore the intent of this Part to provide a comprehensive framework for the preservation of historic sites, objects, buildings, structures and districts within the Township, in order to promote the following public purposes:
A. 
To promote the general welfare by facilitating protection of the historical integrity of the historic resources of East Vincent Township.
B. 
To establish a clear process by which proposed land use changes affecting historic resources can be reviewed.
C. 
To discourage the unnecessary demolition of historic resources.
D. 
To provide incentives for the continued use of historic resources and to facilitate their appropriate reuse.
E. 
To encourage the conservation of historic settings and landscapes.
2. 
Classification of Historic Resources.
A. 
Class I Historic Resources. Class I Historic Resources include the following, whether or not specifically designated on the Historic Resources Map, unless removed from Class I by the Board of Supervisors:
(1) 
All buildings, sites, structures, and objects listed individually in the National Register of Historic Places.
(2) 
All buildings and structures classified as "certified historic structures" by the Secretary of the Interior.
(3) 
All buildings, sites, structures, and objects documented as "contributing resources" in a National Register Historic District.
(4) 
Any resources which have received a determination of eligibility (DOE) by the Pennsylvania Historical and Museum Commission (PHMC).
(5) 
Any historic district included in the National Register of Historic Places or any historic district which has received a determination of eligibility (DOE) by the Pennsylvania Historical and Museum Commission (PHMC).
Other resources of similar historical significance may be added to Class I by the Board of Supervisors, provided the owner has been notified of such intent in accordance with § 27-1403.2C below. Class I Historic Resources so added shall be designated as such on the Historic Resources Map. Owners may submit a request to the Board of Supervisors for consideration of removal of a resource from Class I listing in accordance with § 27-1403.2C hereafter. Adoption of the Historic Resources Map and amendment from time to time shall conform to all procedural requirements for amendment to the Zoning Map.
B. 
Class II Historic Resources. All other historic resources included in the historic resource inventory conducted by the Historical Commission and shown on the Historic Resources Map. Class II Historic Resources include but are not limited to all resources included in the Chester County Historic Sites Survey of 1982 not otherwise included in Class I, unless removed from the Historic Resources Map by the Board of Supervisors. Owners may submit a request to the Board of Supervisors for consideration of removal of a resource from Class II listing in accordance with 2C hereafter.
C. 
Procedure for Addition or Removal of Historic Resources from the East Vincent Township Historic Resources Inventory, or for Change of Classification.
(1) 
Any property may be proposed for addition to or removal from the East Vincent Township Historic Resources Inventory, or for a change in classification (Class I or Class II) by the owner of such property, by the Historical Commission, by the Board of Supervisors, as provided for in this paragraph.
(2) 
The receipt by the Township of written notification from the designating organization (PHMC or National Register) that any Historic Resource no longer meets the criteria upon which its classification has been based shall be treated as a proposal for a change in classification of that resource (i.e., from Class I to Class II) or for its removal from the East Vincent Township Historic Resource Inventory.
(3) 
Any proposal for addition to or removal from the East Vincent Township Historic Resources Inventory, or for a change in classification (Class I or Class II), shall be considered by the Township in accordance with the following:
(a) 
Upon receipt, any proposal regarding resource classification shall be referred to the Historical Commission, which shall hold a public meeting thereon.
(b) 
Unless a property is proposed by the owner(s), such owner(s) shall be notified upon receipt of a proposal affecting their property, and shall be invited to respond to such proposal at or prior to the public meeting.
(c) 
The Historical Commission shall give 10 days public notice of the public meeting to consider the proposed, and shall send written notice to the owner(s) of the affected property. Such notice shall be published once and shall indicate the date, time and place of the public meeting at which the Historical Commission will consider the proposal. Notice shall be sent to the registered owner's last known address as the same appears in the real estate tax records of the Township Treasurer and sent to the "owner" at the street address of the property in question.
(d) 
Any interested party may present testimony or documentary evidence regarding the proposal at the public meeting, describing how or why the subject property meets the criteria for designation of historic resources set forth in § 27-1403.2D below, or the definitional criteria for § 27-1403.2A, or does not. Such evidence may be presented at the public meeting held to consider the proposal or may be submitted in writing to the Township prior to said meeting.
(e) 
The Historical Commission shall present a written report to the Board of Supervisors within 30 days following the public meeting stating its recommendation regarding the subject proposal, based upon the criteria established herein. A property shall be recommended for removal from Class I if it does not currently meet the definitional criteria set forth in § 27-1403.2A or is not deemed by the Commission to be of similar historical significance based on the evidence presented at the public meeting or otherwise received by the Commission. Properties removed from Class I shall remain as Class II Historic Resources unless removed from the Historic Resources Inventory altogether. A property shall be recommended for removal from said inventory if it does not currently meet the criteria for designation set forth in § 27-1403.2D. The report to the Board shall include a summary of the information and copies of all documents presented at the meeting and/or used by the Historical Commission in making its recommendation.
(f) 
Based upon the criteria set forth herein and after receiving the recommendations of the Historical Commission, the Board of Supervisors shall from time to time, by ordinance, add or delete structures, sites and objects to or from the Historic Resources Inventory, or to or from Class I. Written notice of the proposed action of the Board of Supervisors shall be given to the property owner at the time of publication of the proposed ordinance.
D. 
General Criteria for Classification of Historic Resources. A structure, site or object, or a complex of the same, may be placed on the Historic Resources Inventory if it meets one or more of the following criteria. Resources designated as Class I also shall meet one or more of the definitional criteria set forth in § 27-1403.2A or shall be deemed of similar historical significance as provided below:
(1) 
Has significant character, interest or value as part of the development, heritage or cultural characteristics of the Township, County, region, Commonwealth or nation, or is associated with the life of a person significant in the past.
(2) 
Is associated with an event of importance to the history of the Township, County, region, Commonwealth or nation.
(3) 
Embodies an icon associated with an era characterized by a distinctive architectural style.
(4) 
Embodies distinguishing characteristics of an architectural style or engineering specimen.
(5) 
Is the noteworthy work of a designer, architect, landscape architect or designer, or engineer whose work has significantly influenced the historical, architectural, economic, social, or cultural development of the Township, County, Region, Commonwealth or Nation.
(6) 
Contains elements of design, detail, materials, or craftsmanship which represent a significant innovation.
(7) 
Is part of or related to a commercial center, park, community or other distinctive area which should be preserved according to an historic, cultural, or architectural motif.
(8) 
Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community, or Township.
(9) 
Has yielded, or may be likely to yield, information important in pre-history or history.
(10) 
Exemplifies the cultural, political, economic, social, or historical heritage of the community.
3. 
Historic Resource Overlay District. In furtherance of the purposes set forth in § 27-1401 of this Part, a separate zoning district is hereby created to overlay all other zoning districts in the Township, to be known as the Historic Resource Overlay District.
A. 
Applicability. The provisions of the Historic Resource Overlay District shall apply to all properties containing Class I or Class II Historic Resources as identified on the East Vincent Township Historic Resource Inventory. The properties identified on the Historic Resource Inventory shall constitute an overlay to the Township Zoning Map. Adoption of the Historic Resource Inventory and amendment from time to time shall conform to all procedural requirements for amendment to the Zoning Map, provided in Part 22.
B. 
Permitted Uses. The following uses and no other shall be permitted in the Historic Resource Overlay District:
(1) 
Any use permitted in the underlying zoning district in which the property is located.
(2) 
Where approved by the Board of Supervisors as a conditional use in accordance with Part 19 of this chapter as well as the specific requirements for conditional use approval set forth in Subsection 3D of this Part, additional use opportunities may be permitted on properties containing Class I or Class II Historic Resource(s). Such use opportunities may be permitted in place of any use currently being made of the property or as an additional principal and/or accessory use. It is intended that uses not otherwise permitted in the underlying zoning district be principally contained within structures designated as Class I or Class II Historic Resources. Permitted use opportunities may include but are not limited to the following:
(a) 
Any use permitted in the underlying zoning district (i.e., as a second principal use).
(b) 
Any major or minor home occupation exceeding the area limitations set forth in § 27-1605A6.
(c) 
Business, administrative or professional office, studio or library.
(d) 
Cultural studio, subject to the condition that if access is provided from a local street, the use shall be limited to one class at a time with not more than 10 students in the class, and not more than two instructors.
(e) 
Artist studio, crafts workshop or cottage industry employing not more than three persons. Such use(s) may include model making, rug weaving, lapidary work, furniture making and similar crafts.
(f) 
Day care facility.
(g) 
Tourist home.
(h) 
Food preparation or catering facility not involving food consumption, employing not more than three persons on the premises.
(i) 
Personal service shop, including barber, beauty salon, tailor, dressmaking, or similar shop, but not including dry cleaning or laundromat, with a limit of one employee per 500 square feet of gross habitable floor area devoted to the service shop use.
(j) 
Repair services, including small appliances, small business machines, watches, household furnishings, shoes, bicycles and locks, but shall not include automobile, truck, motorcycle or lawnmower repair, with a limit of one employee per 500 square feet of gross habitable floor area devoted to the repair service use.
(k) 
Residential conversion of a Class I or Class II Historic Resource other than a single-family dwelling into one or more dwelling units, subject to compliance with the requirements of § 27-1608C, D, F, G and H. Conversion of a single-family dwelling which is a Class I or Class II Historic Resource into more than three dwelling units, subject to compliance with the requirements of § 27-1608C, D, F, G and H.
(l) 
Other uses of a similar nature and similar neighborhood impact.
C. 
Lot Area, Width, Building Coverage, Height and Yard Requirements. Lot area, width, building coverage, height and yard requirements otherwise applicable in the underlying zoning district shall apply, except that where approved by the Board of Supervisors as a conditional use in accordance with Part 19 of this chapter, as well as the specific requirements for conditional use approval set forth in Subsection 3D of this Part, requested modifications to applicable lot area, lot dimension, yard requirements or any otherwise applicable area and bulk regulation or design standard for plans affecting historic resources may be permitted. In all cases, such modifications may be permitted to reduce otherwise applicable requirements to the minimum degree necessary to accommodate proposed plan(s).
D. 
Specific Requirements for Conditional Use Approval. Where additional use opportunities for historic resources and/or modifications to otherwise applicable area and bulk regulations are permitted, the following requirements shall apply:
(1) 
All applicable standards and criteria set forth in Part 19 for conditional use approval shall be complied with to the satisfaction of the Township.
(2) 
The granting of conditional use approval shall be deemed to be necessary to the preservation of the historic resource(s).
(3) 
To the extent applicable, the Secretary of the Interior's Standards for Rehabilitation of Historic Structures shall serve as guidelines for any plans involving the rehabilitation, alteration, or enlargement of structures designated as Class I or Class II Historic Resources. In approving a conditional use, the Board of Supervisors may set conditions requiring compliance with the Secretary of the Interior's Standards for Rehabilitation as presented in Subsection 6, as applicable.
(4) 
In granting conditional use approval in accordance with this section, the Board of Supervisors shall be satisfied that adequate water supply and sewage disposal can be provided for all permitted uses.
(5) 
Where plans involving historic resource(s) under this section result in all or portions of any such resource(s) remaining unoccupied, such unoccupied resources shall be tightly sealed and barred off in a manner not jeopardizing historical integrity, and the utilities turned off for safety.
(6) 
In granting conditional use approval in accordance with this section, the Board of Supervisors may require as a condition of approval the establishment of conservation casement(s) or other means to guarantee permanent protection of the historical integrity of the subject resource(s).
(7) 
Except where clearly detrimental to historical integrity and where public health, safety, and welfare are otherwise adequately provided for, all other applicable standards contained in this chapter shall be complied with, including but not limited to requirements for buffering, lighting, storage, access and traffic management, interior circulation, loading, parking, and signs.
(8) 
The Board of Supervisors may deny the request for additional use or for modification of area and bulk regulations where, upon the review of the Historical Commission, it deems the proposal to be unacceptably destructive to the integrity of the Historic Resource and/or where the Board finds the proposal to be inappropriate in the context of the immediate neighborhood.
E. 
Application Procedures for Conditional Use Approval Regarding Historic Resources.
(1) 
An applicant seeking conditional use approval under the provisions of this section shall submit the appropriate application to the Township in accordance with the provisions of Part 19. The application shall include, in addition to that which is required under Part 19 where relevant, a detailed depiction of the proposed use(s), any physical changes proposed for the affected historic resource(s) and their surrounding landscape, and any proposed modifications to otherwise applicable area and bulk regulations.
(2) 
Upon receipt by the Township, the complete application shall be forwarded to the Historical Commission, the Planning Commission and the Board of Supervisors. Within 30 days of receipt of a complete application by the Township, the Historical Commission and the Planning Commission shall each, at a regular or special meeting, review the application for conditional use approval. The applicant will be notified of such meetings at least 10 days prior to their scheduled dates and shall have the opportunity to present his reasons for filing the application.
(a) 
In reviewing the application for conditional use approval, the Historical Commission shall consider the following:
1) 
In regard to proposed modification of area and bulk regulations, the Historical Commission shall evaluate.
2) 
Whether the proposed modifications are necessary to preserve the affected historic resource(s).
Where the application involves physical changes to historic resource(s) and/or the surrounding landscape, the Historical Commission shall review the proposed changes and make recommendations as to their appropriateness.
(b) 
The Planning Commission shall review the proposed changes for their impact on the health, safety and welfare of the Township including, but not necessarily limited to, traffic impacts, water supply and sewerage.
(3) 
Recommendations, if any, of the Historical Commission and Planning Commission shall be transmitted in the form of written reports to the Board of Supervisors and shall include suggestions for specific changes to proposed plans, if any. If either the Historical Commission and/or Planning Commission does not transmit its recommendations to the Board by the date set by the Board for public hearing to consider the application for conditional use approval, then it shall be deemed that such Commission recommends the approval of the application.
(4) 
The Board of Supervisors shall act upon the application in accordance with the provisions of Part 19.
4. 
Demolition of Historic Resources.
A. 
Applicability of Demolition Permit Requirement.
(1) 
No Class I or Class II Historic Resource may be demolished, in whole or in part, whether deliberately or by neglect, including the indiscriminate removal, stripping, or destruction of any significant exterior architectural features, unless a demolition permit is obtained from the Township Code Enforcement Officer in accordance with the procedures and requirements of this subsection, and other applicable standards and procedures of this chapter and the Township Building Code [Chapter 5, Part 1].
(2) 
Demolition permit requirements shall extend to demolition by neglect which is defined as the failure to provide ordinary and necessary maintenance and repair to a building or structure located in a historic district, or to an historic resource, except for ruins existing at the time of adoption of this section, whether by ordinary negligence or willful neglect, purpose or design, by the owner or any party in possession thereof, which results in any of the following conditions:
(a) 
Deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist.
(b) 
Deterioration of exterior walls, roofs, chimneys, or windows; the lack of adequate waterproofing; or deterioration of interior features or foundations which will or could result in permanent damage or loss of exterior features.
(c) 
Deterioration resulting from a building or structure having been left open or vulnerable to vandalism or decay by the elements. Unoccupied resources shall be tightly sealed and barred off and the utilities turned off for safety.
(3) 
These provisions shall not be construed to prevent the ordinary maintenance or repair of any building, structure, site, or object where such work does not require a permit and where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a building, structure, site, or object and to restore the same to its condition prior to the occurrence of such deterioration, decay, or damage.
B. 
Procedure for Obtaining Demolition Permit.
(1) 
The applicant shall submit to the Township an application for a demolition permit, obtainable from the Township Code Enforcement Officer. If the Township determines that the permit request is for the demolition of a Class I or Class II Historic Resource, the Code Enforcement Officer shall be directed not to issue the demolition permit and the application shall be forwarded to the Historical Commission for review.
(2) 
Information to be Provided. In addition to applicable requirements under the Township Building Code [Chapter 5, Part 1], an applicant seeking a permit to demolish an historic resource shall provide the following documents and written narrative supporting the application.
(a) 
Owner of record.
(b) 
Site plan showing all buildings and structures on the property.
(c) 
Recent photographs of the resource proposed for demolition.
(d) 
Reasons for the demolition.
(e) 
Proposed method of demolition.
(f) 
Intended future use of the site and of the materials from the demolished resource.
(g) 
List of alternatives to demolition which the applicant has considered.
(h) 
Where the applicant specifically alleges that demolition is necessary due to undue economic hardship or the lack of a reasonable economic alternative, a narrative statement, together with supporting documentation, shall be submitted to demonstrate what alternate consideration to demolition, if any, the applicant has given to practical, adaptive uses of the property, particularly considering the incentives potentially available as conditionally permitted in accordance with this Part, and shall include written estimates of the cost(s) of restoration and/or renovation from at least two professional restoration contractors.
(3) 
Review by Historical Commission. Within 30 days of receipt of a complete application for demolition from the Code Enforcement Officer, the Historical Commission, at a regular or special meeting, shall review the application. Ten days' prior written notice of the meeting shall be given to the applicant who shall have the opportunity to present his reasons for filing the application. The Historical Commission shall consider the following:
(a) 
The effect of demolition on the historical significance and architectural integrity of the resource in question and neighboring historic resources.
(b) 
Whether the applicant has demonstrated that he has considered all alternatives to demolition.
(c) 
Economic feasibility of adaptive reuse of the resource proposed for demolition.
(d) 
Alternatives to demolition of the resource.
(e) 
Whether the resource in its current condition presents a threat to public safety.
(f) 
Whether the resource has been intentionally neglected.
(g) 
Whether the required retention of the resource would represent an unreasonable economic hardship.
(4) 
Historical Commission Recommendation. The Historical Commission shall promptly communicate its recommendation(s) in a written report to the Board of Supervisors either recommending approval of the application as submitted, recommending approval of the application with condition, or recommending delay of demolition as provided below.
C. 
Approval of Demolition Permit or Delay of Demolition by the Board of Supervisors.
(1) 
Within 30 days of receiving the recommendation from the Historical Commission, the Board of Supervisors shall consider the application at a public meeting, together with the recommendations of the Historical Commission, and vote either to approve the application, approve the application with changes, or defer their decision, affording a delay of demolition for up to 90 days as set forth in Paragraph D of this section. The applicant shall be notified of the meeting at least 10 days prior to its date, and shall have the opportunity to present his reasons for filing the application. Within five days of making its decision, the Board shall provide written communication of its decision to the applicant, Historical Commission, and Code Enforcement Officer.
(2) 
Issuance of Demolition Permit. Where the Board acts to approve the application, it shall authorize the Code Enforcement Officer to issue the permit. Where the approval is authorized to be granted with conditions attached, the Code Enforcement Officer shall be authorized to issue the permit upon his receipt from the applicant of written acceptance of those conditions.
D. 
Delay of Demolition.
(1) 
The specified period of delay up to 90 days shall be used to provide an opportunity to engage in discussion with the applicant about alternatives to demolition and to allow for complete historical documentation of the resource. The Historical Commission shall make every effort to communicate with the applicant to inform him of the historical importance of the resource, its significance to the Township, and alternatives to demolition (additional uses, etc.).
(2) 
Documentation of Class I Historic Resources. When prescribing the delay of demolition for a Class I Historic Resource, the Board of Supervisors may require the applicant to provide documentation of the resource proposed for demolition. Such documentation may include, as available: historical data, surveys, and other data provided by local, state, and federal historic preservation organizations and agencies; photographs; floor plans; measured drawings; archaeological surveys (if appropriate); and any other comparable form of documentation recommended by the Historical Commission. Where necessary, the delay shall continue past the stipulated 90 days until the applicant has sufficiently satisfied the documentation requirements.
(3) 
Not later than the date set by the Board of Supervisors to act upon the application for demolition prior to or at the end of the applicable ninety-day time period, the Historical Commission may recommend in writing to the Board of Supervisors approval of the demolition permit or, where the Commission does not believe that the applicant has proven unreasonable economic hardship or the lack of a reasonable alternative, recommend denial of the demolition permit.
E. 
Approval or Denial of Demolition Permit after Delay of Demolition.
(1) 
The Board of Supervisors shall act upon the application for demolition within or at 90 days, whether it receives a recommendation from the Historical Commission or not, and shall vote either to approve the application, to approve the application with changes, or to deny the application. Within 15 days of making its decision, the Board shall provide written communication of its decision to the applicant, Historical Commission, and Code Enforcement Officer.
(2) 
Issuance of Demolition Permit. Where the Board acts to approve the application, it shall authorize the Building/Code Enforcement Officer to issue the permit. Where the approval is granted with conditions attached, the Code Enforcement Officer shall be authorized to issue the permit upon receipt from the applicant of written acceptance of those conditions.
(3) 
Denial of Application. Where the Board acts to deny the application, a notice of denial shall be sent to the applicant indicating what changes in the plans and specifications, if any, would be sufficient to meet the standards of this section.
5. 
Violations, Penalties, and Enforcement. Any person who violates the terms of this Part shall be subject to the enforcement procedures, fines and penalties provided for in Part 23 of this chapter, as well as applicable enforcement procedures, fines and penalties provided for in regulations adopted by East Vincent Township to govern building construction. In addition:
A. 
In the event any person demolishes a historic resource in violation of the provisions of this Part or violates any conditions or requirements specified in a conditional use approval or permit issued under the terms of this Part, the Board of Supervisors may institute any proceeding, at law or in equity, necessary to enforce the provisions of this Part. Such proceeding may include, but is not limited to, an action to compel the reconstruction and/or restoration of the historic resource to its condition and appearance as existed immediately prior to the violation. Such restoration shall be in addition to, and not in lieu of, any penalty or remedy available under this chapter or any other applicable law.
B. 
In the event the Board of Supervisors authorizes the commencement of an action pursuant to § 27-1403.5A, the Code Enforcement Officer shall withhold issuing any building permit for the construction of any building or structure proposed to be located in any location on the property which would preclude reconstruction or restoration of the historic resource subject of a violation of this Part, or any building or structure intended to replace such historic resource, unless issued for the purpose of restoring the historic resource to its condition and appearance as existed immediately prior to the violation.
C. 
The Board of Supervisors may, as a condition of approval of any conditional use application or subdivision or land development application involving any property which, at the date of enactment of this chapter, was occupied by a historic resource(s) that subsequently was demolished or otherwise altered in violation of this Part, impose a condition requiring the satisfactory reconstruction or restoration of any such historic resource(s).
D. 
The Code Enforcement Officer, or his designee, shall monitor the progress and status of any change being made to a historic resource subject to the provisions of this Part, and shall render such reports thereon to the Board and to the Historical Commission as may be necessary to assure compliance with the provisions of this Part and/or any compliance with any conditions which may have been attached to any building permit, demolition permit, subdivision/land development approval, or conditional use approval.
E. 
In addition to the above remedies, the Board of Supervisors may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this Part.
6. 
Secretary of the Interior's Standards for Rehabilitation (Guidelines).
A. 
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
B. 
The historic character of the property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided.
C. 
Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
D. 
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
E. 
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
F. 
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
G. 
Chemical or physical treatments, such as sand blasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
H. 
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
I. 
New materials, exterior alterations, or related construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
J. 
New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.