Horsham Township City Zoning Code
ARTICLE XXXII
Historic Resource Overlay District
§ 230-198 Purposes.
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 interest of the health, prosperity and welfare of the people of Horsham Township. It is therefore the intent of this article 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 Horsham 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.
§ 230-199 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any structure listed as a historic resource in the Horsham Township Open Space Plan dated 1995, together with any structure added to the Class I list by amendment in accordance with the procedure set forth in § 230-200D of this article.
Any property not designated as a Class I historic resource, but which meets one or more of the following categories of criteria:
All sites designated by the Secretary of the Interior as national historic landmarks;
All buildings, sites, structures, and objects listed individually in the National Register of Historic Places;
All buildings and structures classified as "certified historic structures" by the Secretary of the Interior;
All buildings, sites, structures, and objects documented as "contributing resources" in a National Register Historic District;
Any resources, which have received a determination of eligibility (DOE) by the Pennsylvania Historical and Museum Commission (PHMC);
All historic resources identified by the Horsham Township Council as Class II historic resources using the criteria established by the Department of the Interior for inclusion on the National Register of Historic Places, as may be amended from time to time. Horsham Township Council shall, by resolution, establish a list of the Class II historic resources. Said resolution shall be available for inspection at the Township offices. The current criteria for inclusion on the National Register is set forth in Exhibit A.[1]
All historic resources designated by the Township as Class II historic resources, of which the owners have elected to not retain the Class II designation in accordance with § 230-200D of this chapter. Class III Historic Resources shall not be afforded any of the rights and privileges available to Class I and Class II historic resources under the Historic Resource Overlay District as set forth in this chapter.
A facility used for providing to the public instruction in the performing arts, limited to dance, music, and theater, and the fine arts, including drawing, painting, photography and sculpture.
In the context of § 230-202, the razing or destruction, whether entirely or in significant part, of the exterior of a building, structure, or site. Demolition includes the removal of a building or structure from its site or the removal, stripping, concealing or destruction of the facade or any significant exterior architectural features, which are integral to the historic character of the resource, for whatever purpose, including new construction or reconstruction.
Any building, site, structure, object, or other resource, which has been designated a Class I, Class II or Class III historic resource.
A study of the potential impacts of proposed land development and/or land disturbance on nearby historic resources, including study of potential means to mitigate negative impacts, required to be submitted to the Township in certain land development scenarios, in accordance with § 230-203 of this article.
The Horsham Township historic resource inventory may include a list and corresponding map indicating the locations of all historic resources, including both principal and contributing resources, to which the provisions of this chapter apply. Except where removed from the inventory by action of the Historic Advisory Commission pursuant to this article, the historic resource inventory shall include all resources identified as Class I, Class II or Class III historic resources.
Any structure that is designated a Class I, Class II, or Class III historic resource.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
§ 230-200 Classification of historic resources.
A.
Class I historic resources: any structure listed as an historic resource in the Horsham Township Open Space Plan dated 1995, together with any structure added to the Class I list by amendment in accordance with the procedure set forth in Subsection D of this section.
B.
Class II historic resources. The following historical resources shall be identified for the purpose of this article as Class II historic resources:
(1)
All sites designated by the Secretary of the Interior as national historic landmarks;
(2)
All buildings, sites, structures, and objects listed individually in the National Register of Historic Places;
(3)
All buildings and structures classified as "certified historic structures" by the Secretary of the Interior;
(4)
All buildings, sites, structures, and objects documented as "contributing resources" in a National Register Historic District;
(5)
Any resources, which have received a determination of eligibility (DOE) by the Pennsylvania Historical and Museum Commission (PHMC);
(6)
Any buildings, sites, structures, or objects documented as "contributing resources" within any historic district which has received a determination of eligibility (DOE) from the PHMC; and
(7)
All historic resources identified by the Horsham Township Council as Class II historic resources using the criteria established by the Department of the Interior for inclusion on the National Register of Historic Places, as may be amended from time to time. Horsham Township Council shall, by resolution, establish a list of the Class II historic resources. Said resolution shall be available for inspection at the Township Offices. The current criteria for inclusion on the National Register is set forth in Exhibit A.
C.
Class III historical resources: any historic resource designated by the Township as a Class II historic resource, the owners of which have elected to not to retain the Class II designation in accordance with Subsection D below. Class III historic resources shall not be afforded any of the rights and privileges available to Class I and Class II historic resources under the Historic Resource Overlay District as set forth in this article.
D.
Procedure for addition or removal of historic resources from the Horsham Township Historic Resources Inventory, or for change of classification.
(1)
Any property may be proposed for addition to the Horsham Township Historic Resources Inventory as a Class I historic resource by the owner of such property.
(2)
Any property may be proposed for addition to the Horsham Township Historic Resources Inventory as a Class II by the owner of such property or by the Historical Advisory Commission.
(3)
The Historical Advisory Commission shall periodically, but no less frequently than once in every seven years, review the inventory of historic resources and make recommendations to Council for the addition or removal or resources from the inventory.
(4)
Any proposal for addition to the Horsham Township Historic Resources Inventory shall be considered by the Township Council in accordance with the following:
(a)
Upon receipt, any proposal regarding resource classification shall be referred to the Historical Advisory 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 Advisory Commission shall give 14 days' public notice of the public meeting to consider the proposal, and shall send written notice to the owner(s) of the affected property. Such notice shall be published once in a newspaper of general circulation in the Township, and shall indicate the date, time and place of the public meeting at which the Historical Advisory 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 Manager 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 as a Class I or Class II historic resource, 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 Advisory Commission shall present a written report to the Township Council within 30 days following the public meeting stating its recommendation regarding the subject proposal, basing upon the criteria established herein.
(f)
Based upon the criteria set forth herein and after receiving the recommendations of the Historical Commission, the Township shall, within 30 days of receipt of the report of the Historical Advisory Commission, render a decision on whether the subject property shall be classified or reclassified as a historical resource. Written notice of the action of the Township Council shall be given to the property owner within 14 days of Council's decision. The written notice to the owner of a property designated as a Class II historic resource shall advise the property owner of the rights and benefits of the status, and shall also advise the owner of his or her right to decline the status.
(5)
The owner of any historic resource designated as a Class II historic resource may, at any time prior to a date 45 days from the date of notification of Council's decision to designate the property as a Class II, elect to decline the status and the benefits and responsibilities which attend status as a Class II historic resource. Said election must be made in writing addressed to Horsham Township, 1025 Horsham Road, Horsham, Pennsylvania, and shall include the reasons the resource owner desires to decline Class II status.
(6)
The receipt by the Township of written notification from the designating organization (Historical Advisory Commission, 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 Horsham Township Historic Resource Inventory.
(7)
Any proposal by the property owner, the Township Council or the Historic Advisory Commission for removal of a property from the inventory shall be considered in accordance with the following:
(a)
If the proposal to remove the resource does not initiate from the Historic Advisory Commission, the Township staff shall forward the proposal to the Historic Advisory Commission, which shall hold a public meeting thereon within 30 days of receipt of the proposal.
(b)
The Historical Advisory Commission shall give 14 days' public notice of the public meeting to consider the proposal, 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 Advisory 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 Manager and sent to the "owner" at the street address of the property in question.
(c)
Any interested party may present testimony or documentary evidence regarding the proposal at the public meeting, describing why the subject property should be removed from the inventory of historic resources, or why the property should remain on the inventory. Such evidence may be presented at the public meeting held to consider the proposal or may be submitted in writing prior to said meeting.
(d)
The Historical Advisory Commission shall present a written report to the Township Council within 30 days following the public meeting stating its recommendation regarding the subject proposal, basing upon the criteria established herein. A property shall be recommended for removal from Class I or Class II if it does not currently meet the definitional criteria set forth in this article 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 or Class II shall remain as Class III 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 Subsection C of this section. The report to Council shall include a summary of the information and copies of all documents presented at the meeting and/or used by the Historical Advisory Commission in making its recommendation.
(e)
In accordance with the procedure set forth herein and after receiving the recommendations of the Historical Commission, the Township Council shall from time to time review structures, sites and objects for removal from the Historic Resources Inventory, or to change classification. Written notice of the action of the Township Council shall be given to the property owner within 14 days of Council's decision.
§ 230-201 Establishment of district.
In furtherance of the purposes set forth in Section I of this article, 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 and Class II historic resources as identified on the Horsham Township Historic Resource Inventory. The properties identified on the Historic Resource Inventory shall constitute an overlay to the Township Zoning Map. Nothing in this article shall prevent the modification, alteration or improvement of property in the Historic Resource Overlay District, in a manner consistent with the codes and ordinances applicable on a Township-wide basis.
B.
Permitted uses.
(1)
Each property in the Historic Resource Overlay District shall be limited to one principal use. The following uses and no other shall be permitted by right as principal uses for Class I and Class II historic resources in the Historic Resource Overlay District:
(a)
Any use permitted in the underlying zoning district in which the property is located.
(2)
Where approved by the Zoning Hearing Board as a special exception in accordance with Article XXXVI of this chapter, the following use opportunities may be permitted on properties containing Class I or Class II historic resource(s):
(a)
All uses opportunities provided under this section shall be subject to the following regulations unless stricter standards are set forth in the description of the use:
[1]
Except for the density bonus development set forth in Subsection B(2)(d)[5] below, a use not otherwise permitted in the underlying zoning district shall be contained within structures designated as Class I or Class II historic resources.
[2]
If a property no longer contains a Class I or Class II resource, any relief granted under this article shall be terminated and the use of the property shall be limited to those uses permitted in the underlying zoning district.
[3]
The hours of operation of all business uses except the bed-and-breakfast use shall be limited to the hours of 7:00 a.m. to 9:00 p.m.
[4]
The area of the historic resource devoted to a use not permitted in the underlying zoning district shall be limited to not more than 4,500 square feet.
[5]
No historic resource shall be expanded more than 25% of gross floor area.
[6]
All lighting must be provided with residential cutoff shields and freestanding fixtures to have a maximum height of 12 feet. Illumination shall be limited to 1/2 footcandle at ground elevation at the property line.
[7]
There shall be no parking within the required front yard area, within 10 feet of a side lot line, or within 25 feet of a rear lot line.
[8]
There shall be no outside storage of materials, equipment, supplies, commercial trucks or trailers.
[9]
Where the underlying zoning district is a residential district, each property shall be limited to one sign, with a maximum size of six square feet. The sign shall not include changeable copy. The sign shall be illuminated by an external source only, and the illumination shall be extinguished not later than 9:00 p.m.
[10]
Uses on properties on streets designated as "local" or "collector" shall be limited to 20 vehicle trips per day. There shall be a sight triangle at the intersection of the driveway and the street which, in the opinion of the Township Engineer, is sufficient to provide safe entrance onto the street.
(b)
Uses permitted as principal uses by special exception for Class I and Class II historic resources are set forth as follows:
[1]
Business, administrative or professional office, studio or library; subject to compliance with the parking requirement set forth in Article V of this chapter. Uses not otherwise permitted in the underlying zoning district shall be contained within an area not exceeding to 4,500 square feet, with a maximum of six employees, 10 additional vehicular total trips per hour, and a maximum of 50 additional vehicular trips per day.
[2]
Cultural studio, subject to the condition that if access is provided from a Township road, the use shall be limited to one class at a time with no more than 10 students and two instructors, and further subject to compliance with the parking requirement set forth in Article V of this chapter.
[3]
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, subject to compliance with the parking requirement set forth in Article V of this chapter.
(c)
Each historic structure in the Historic Resource Overlay District shall be permitted to have no more than one accessory use. Uses permitted as accessory uses by special exception for Class I and Class II historic resources are set forth as follows:
[1]
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.
[2]
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.
(d)
Uses permitted as principal uses by special exception for Class I historic resources only are set forth as follows:
[1]
Conversion apartments through conversion of any residential structure designated as a Class I historic resource into one or more dwelling units, subject to the following specific requirements:
[a]
Except where otherwise provided in the applicable zoning district, where multiple dwellings result from the conversion of a structure designated as a Class I historic resource, no individual dwelling unit shall contain less than 800 square feet of habitable floor area and the number of such dwelling units shall not exceed the number that can be accommodated within the building utilizing this minimum floor area requirement. No structural addition to the historic resource shall increase the number of dwelling units that can be achieved by application of this formula.
[b]
Each individual dwelling unit created through the residential conversion of an historic resource shall contain its own bathroom and kitchen.
[c]
Any exterior renovations shall comply with the recommendations of the Historical Advisory Commission and shall not adversely affect the historic nature of the resource.
[2]
Eating place for the sale and consumption of food and beverages, subject to the following conditions:
[a]
The design of the eating place shall be consistent with the historic nature of the building.
[b]
There shall be no drive-in, drive through, or take-out service.
[c]
Parking shall be in accordance with the requirements of § 230-32C(9) of this chapter.
[d]
Any exterior renovations shall comply with the recommendations of the Historical Advisory Commission and shall not adversely affect the historic nature of the resource.
[3]
School; religious, sectarian, and nonsectarian denominational private or public school which is not conducted as private gainful business and subject to the following regulations:
[a]
The design of the school shall be consistent with the historic nature of the building.
[b]
Parking shall be in accordance with the requirements of § 230-32C(35) of this chapter.
[c]
Any exterior renovations shall comply with the recommendations of the Historical Advisory Commission and shall not adversely affect the historic nature of the resource.
[4]
Bed-and-breakfast. A residential building containing five or fewer guest rooms, converted or designed for the temporary lodging of transient guests, and subject to the following conditions:
[a]
The design of the bed-and-breakfast shall be consistent with the historic nature of the building.
[b]
Any exterior renovations shall comply with the recommendations of the Historical Advisory Commission and shall not adversely affect the historic nature of the resource.
[c]
There shall be no separate kitchen or cooking facilities in any guest room.
[d]
The maximum uninterrupted length of stay at a bed-and-breakfast shall be seven days within a three-month period.
[e]
One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway.
[f]
There shall be no use of show windows or display or advertising visible outside the premises to attract guests or otherwise, other than a single sign which may not exceed six square feet.
[g]
At least one full bathroom shall be provided for the first guest room, plus one bathroom for each two additional guest rooms. The living quarters for the owner residents shall have their own separate and additional bathroom facilities.
[h]
No more than two adults and two children may occupy one guest room.
[i]
The utilization of any amenities provided by the bed-and-breakfast inn, such as a swimming pool or tennis courts, shall be restricted in use to the owners and the guests of the bed-and-breakfast inn.
[j]
The bed-and-breakfast inn use may not be established until there is compliance with all Township codes and ordinances, rules and regulations. The bed-and-breakfast inn shall be periodically inspected by the Fire Marshal for compliance with all Township safety standards. All Department of Labor and Industry requirements must be satisfied, and proof thereof shall be required for the bed-and-breakfast-inn permit.
[i]
Sewage disposal methods shall conform to the requirements, rules and regulations of the Pennsylvania Department of Environmental Protection, the Montgomery County Department of Health and the Horsham Township Sewage Facilities Plan.
[k]
If the bed-and-breakfast is not served by public water and sewer, the owner shall furnish a valid Montgomery County Department of Health permit. The total number of bedrooms (resident and guest) in the bed-and-breakfast inn shall not exceed the number of bedrooms which the on-lot sewage system is designed to accommodate. If the proposed bed-and-breakfast use is to be served by a public sewage disposal system, the applicant shall submit documentation from the servicing authority that the proposed use will be served.
[5]
Single-family detached dwelling development with density bonus. If the owner preserves the resource, the property on which a Class I or Class II historic resource is located shall be eligible for a 20% density bonus provided the following conditions are met:
[a]
The resource shall be restored in accordance with the recommendations and guidelines of the Township Council after review and comment by the Historic Advisory Commission.
[b]
The single-family detached dwelling development shall achieve the density bonus by a reduction of the minimum lot area requirements for all lots in the development to a size which will allow 20% more units than permitted by right in the underlying zoning district. For the purposes of this section only, the number of units allowed as a result of applying the density bonus may be determined by "rounding up" any designation of 0.5 or greater. In order to allow a house size commensurate with the surrounding district, required yard areas may also be reduced by 20%, provided that side or rear yards along the perimeter of the development shall not be reduced. Except for the reduction of yard areas as provided above, the development shall comply with all dimensional requirements of the underlying zoning district, all parking, environmental and performance standards set forth in Article V of this chapter, and all stormwater management regulations set forth or referenced in Chapter 198, Subdivision and Land Development.
[c]
The property which benefits from the density bonus shall be limited to that property on which the historic resource was located at the time of the adoption of this amendment to this chapter. For purposes of calculating the density bonus, no additional property may be combined with the original property. If the property is subdivided subsequent to the adoption of this amendment, only the tract on which the resource is located shall be eligible for the density bonus.
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. In considering requests for variances from the lot area, lot width, and building coverage for plans affecting historic resources, the Zoning Hearing Board may determine that the relief necessary to preserve an historic resource constitutes a hardship under § 230-233C(1) of this chapter.
D.
Specific requirements for special exception approval. Where additional use opportunities for historic resources and/or modifications to otherwise applicable area and bulk regulations are permitted by special exception, the following requirements shall apply:
(2)
Upon receipt by the Township, the complete application shall be forwarded to the Historical Advisory Commission and the Planning Commission. Within 30 days of receipt of a complete application by the Township, the Historical Advisory Commission and the Planning Commission shall each, at a regular or at a special meeting, review the application for special exception 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 special exception approval, the Historical Commission shall consider the following:
[1]
In regard to proposed modification of area and bulk regulations, the Historical Advisory Commission shall evaluate whether the proposed modifications are necessary to preserve the affected historic resource(s).
[2]
Where the application involves physical changes to historic resource(s) and/or the surrounding landscape, the Historical Advisory 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 Advisory Commission and Planning Commission shall be transmitted in the form of written reports to the Zoning Hearing Board and shall include suggestions for specific changes to proposed plans, if any.
(4)
The granting of special exception approval shall be deemed to be necessary to the preservation of the historic resource(s).
(5)
To the extent applicable, the Secretary of the Interior's Standards for Rehabilitation of Historic Structures and Preservation Briefs 1-32 shall serve as guidelines for any plans involving the rehabilitation, alteration, or enlargement of structures designated as Class I, Class II, or historic resources. In approving a special exception, the Zoning Hearing Board may set conditions requiring compliance with the Secretary of the Interior's Standards for Rehabilitation, as applicable.
(6)
In granting special exception approval in accordance with this section, the Zoning Hearing Board shall be satisfied that adequate water supply and sewage disposal can be provided for all permitted uses.
(7)
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, if applicable.
(8)
In granting special exception approval in accordance with this section, the Zoning Hearing Board may require as a condition of approval the establishment of conservation or facade easement(s) or other means to guarantee permanent protection of the historical integrity of the subject resource(s).
(10)
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 ordinance shall be complied with, including but not limited to requirements for buffering, lighting, storage, access and traffic management, interior circulation, loading, parking, and signs.
(11)
The Zoning Hearing Board may deny the request for use approval or for modification of area and bulk regulations where, upon the review of the Historical Advisory Commission, it deems the proposal to be unacceptably destructive to the integrity of the historic resource and/or where the Zoning Hearing Board finds the proposal to be inappropriate in the context of the immediate neighborhood.
§ 230-202 Demolition of historic structures.
Applicability of the demolition permit requirement is as follows:
B.
Within five days of receipt by the Township, the complete application for demolition of any Class I, Class II or Class III structure shall be forwarded to the Historical Advisory Commission, for review and comment. No demolition permit for a historic resource shall issue for at least 60 days following receipt of the application.
§ 230-203 Historic resource impact study.
A.
Applicability. In the following situations, Council may, after receipt of recommendations by the Township Engineer and the Historical Advisory Commission, require the submission of a historic resource impact study which shall be submitted to the Township, the Planning Commission, and the Historical Advisory Commission:
(1)
As part of preliminary plan submission for any subdivision or land development application which proposed new construction of buildings, structures, roads, driveways, parking areas, or other land disturbance on the same lot as a historic resource, or on a neighboring property within 300 feet of the exterior walls of any Class I or Class II historic resource.
(2)
Where general bridge or road construction or substantial repair is proposed within 250 feet of the exterior walls of any Class I or Class II historic resource.
(3)
In the event of an application for a special exception or variance to the Zoning Hearing Board by the property owner.
B.
Contents. The historic resource impact study shall contain the following information:
(1)
Background information.
(a)
If not otherwise provided by the applicant, a general site description of the site subject to application, including topography, watercourses, vegetation, landscaping, existing drives, etc.
(b)
General description and classification of all Class I or Class II historic resources located within 300 feet of any proposed land development or land disturbance.
(c)
Physical description of all such Class I or Class II historic resources.
(d)
Narrative description of the historical significance of each Class I or Class II historic resource, relative to both the Township and to the region in general.
(e)
Sufficient number of black and white eight-inch-by-ten-inch photographs to show each Class I or Class II historic resource in its setting.
(2)
Assessment of potential impacts to historic resources.
(a)
General description of the proposed activity subject to application, including timetable or phases.
(3)
Mitigation measures. Suggested approaches to mitigate potentially negative impacts to Class I or Class II historic resources, including design alternatives, buffering, landscaping, conservation of existing vegetation, and any other appropriate measures permitted under the terms of this and other Township ordinances.
§ 230-204 Enforcement; violations and penalties.
Any person who violates the terms of this article shall be subject to the enforcement procedures, fines and penalties provided for in Article XXXVII of this chapter. In addition:
A.
In the event any person demolishes or threatens to demolish a Class I or Class II historic resource in violation of the provisions of this article or § 230-28, or violates any conditions or requirements specified in a special exception or permit issued under the terms of this article, the Township Council may institute any proceeding, at law or in equity, necessary to enforce the provisions of this article. 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 article or any other applicable law.
B.
In the event the Township Council authorizes the commencement of an action pursuant to Subsection A of this section, the Building/Zoning Officer shall withhold issuing any building permit for the construction of any building or structure proposed to be located in any location on the site of the subdivision or land development on which the historical resource is located, which action would preclude reconstruction or restoration of the historic resource subject of a violation of this article, 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 Zoning Hearing Board may, as a condition of any special exception granted hereunder, and the Township Council may, as a condition of approval of any subdivision or land development application involving any property which, at the date of enactment of this ordinance, was occupied by an historic resource(s) that subsequently was demolished or otherwise altered in violation of this article, impose a condition requiring the satisfactory reconstruction or restoration of any such historic resource(s).
D.
The Township, through such person or agency charged by the Township Council with enforcement of the provisions of this article, shall monitor the progress and status of any change being made to an historic resource subject to the provisions of this article, and shall render such reports thereon to Council the and to the Historical Advisory Commission as may be necessary to assure compliance with the provisions of this article and/or any compliance with any conditions which may have been attached to any building permit, demolition permit, subdivision/land development approval, special exception or conditional use approval.
E.
In addition to the above remedies, the Council may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this article.