Schuylkill Township
City Zoning Code
City Zoning Code
ARTICLE IX
Historic Resource Protection Standards
§ 370-51 Purpose.
A.
It is the intent of this article to:
(1)
Create a comprehensive framework for the application of this chapter's provisions for the preservation of historic sites, buildings, structures, objects, and districts in Schuylkill Township;
(3)
Implement the goals of Article I, Section 27, of the Pennsylvania Constitution, which establishes the commonwealth's policy of encouraging the preservation of historic and aesthetic resources;
(4)
Implement the goals of the Pennsylvania Municipalities Planning Code, as presented in Section 105 of the Act, and the purposes of Article VI,[2] which authorizes the regulation, restriction, and prohibition of uses and structures at, along, or near places having unique historical, architectural, or patriotic interest or value, and which recognizes that zoning ordinances "shall provide for the protection of natural and historic features and resources"; and
[2]
Editor's Note: See 53 P.S. §§ 10105 and 10601 et seq., respectively.
(5)
Preserve the exterior appearance of historic resources and their settings by creating a process by which the expertise of the Historical Commission is made available for the review of proposed alterations to historic resources or other proposed actions that pose potential impacts on historic resources.
B.
This article establishes specific roles and functions for the Schuylkill Township Historical Commission to assist the Board of Supervisors and Zoning Officer and to offer information and recommendations for possible use at Zoning Hearing Board hearings; it authorizes the creation of an Historic Properties Map which delineates the jurisdiction of the Historical Commission under this article. The protections and incentives of this article are targeted toward the Township's most important historic resources and, therefore, include procedures for proposed demolitions, standards for demolition by neglect, area and bulk modifications, additional use opportunities for historic properties, and an historic resource impact study requirement.
§ 370-52 General provisions.
A.
Compliance. Schuylkill Township shall prepare and maintain an Historic Properties Map as set forth in § 370-53 of this article. Any change to an historic resource shown on the Historic Properties Map shall occur only in full compliance with the terms of this article and other applicable regulations.
B.
Historic overlay concept. The Historic Properties Map shall be deemed an overlay on any zoning district now or hereafter enacted to regulate the use of land in Schuylkill Township.
(1)
For any property shown on the Historic Properties Map, the requirements and opportunities contained in this article shall:
(2)
Should the Historic Properties Map be altered or reduced in scope as a result of legislative or administrative action or judicial decision, the zoning requirements and other regulatory measures applicable to the property in question shall be those of the underlying zoning district without consideration of this article.
C.
Preservation of other restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes more stringent restrictions, the provisions of this article shall prevail.
D.
Timing requirements for issuance of permits and other approvals. The applicable time periods for issuance of a building permit, demolition permit, or sign permit, or for conducting a public hearing and reaching a decision on a conditional use, special exception, or variance application, may be altered from the otherwise stipulated time requirements of this chapter in accordance with the following:
(1)
As authorized by Section 7210.502 of the PA Uniform Construction Code,[1] the Zoning Officer shall not be required to issue a building permit or demolition permit for any property on the Historic Properties Map until all other applicable approvals required by this article have been obtained and appropriate documentation presented.
[1]
Editor's Note: See 35 P.S. § 7210.502.
(2)
An applicant for conditional use approval from the Board of Supervisors or for a special exception or variance from the Zoning Hearing Board may, as part of the application submission or as part of the hearing record, waive or extend the time periods for a hearing and/or decision that are otherwise applicable under the terms of this chapter and the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 370-53 Historic Properties Map; classifications; revisions.
The Historic Properties Map shall be deemed an overlay on any zoning district now or hereafter enacted to regulate the use of land in Schuylkill Township.
A.
For any property shown on the Historic Properties Map, the requirements and opportunities contained in this article shall:
B.
Should the Historic Properties Map be altered or reduced in scope as a result of legislative or administrative action or judicial decision, the zoning requirements and other regulatory measures applicable to the property in question shall be those of the underlying zoning district without consideration of this article.
C.
Preservation of other restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes more stringent restrictions, the provisions of this article shall prevail.
D.
Classifications. The Historic Properties Map shall delineate two classifications of historic properties in Schuylkill Township, Class I and Class II.
(1)
A Class I property contains one or more of the following historic resources:
(a)
A building, site, structure, or object listed individually in the National Register of Historic Places or designated a contributing resource within a National Register Historic District.
(b)
A building, site, structure, or object that has received a determination of eligibility (DOE) for the National Register, as defined by this chapter, or is located within a district that has received a determination of eligibility (DOE) and is designated as a contributing resource within that district.
(c)
Resources that are deemed by Chester County to meet substantially the National Register criteria under the Chester County certification program.
(2)
A Class II property contains one or more of the following historic resources: buildings, sites, structures, and/or objects of significance to Schuylkill Township, as determined and documented by the Schuylkill Township Historical Commission. Such resources:
(a)
Do not presently qualify under the criteria for designation as Class I;
(b)
Are included in the Schuylkill Township Historic Resources Survey; and
(c)
Represent sufficient historic significance as to warrant, in the judgment of the Historical Commission, the protections and incentives offered by this article.
(3)
Districts. The Historic Properties Map shall contain the boundary of any National Register Historic District and any historic district that has received a determination of eligibility (DOE).
(4)
The Historic Properties Map and its index of listed resources are contained in Appendix 1 of this article.[1]
[1]
Editor's Note: The Historic Properties Map is included as an attachment to this chapter.
(5)
The properties included on the Historic Properties Map were inventoried, and their historic significance established, through the creation and maintenance of the Schuylkill Township Historic Resources Survey.
E.
Revisions. The Historic Properties Map may be revised from time to time by legislative action of the Board of Supervisors, which shall follow the procedures established by this chapter for amendments to this chapter and the ordinance amendment requirements of Section 609 of the Pennsylvania Municipalities Planning Code (MPC).[2]
(1)
In considering any revision, including additions, deletions, or changes of classification to the Historic Properties Map, the Board of Supervisors shall request and receive a written recommendation from the Schuylkill Township Historical Commission.
(2)
The owner(s) of any property(ies) which is/are the subject of any such proposed action shall be given written notice of the Historical Commission's recommendation to the Board of Supervisors at least 30 days prior to a public hearing at which the Board will consider such action.
(3)
Property owner request.
(a)
At any time, the owner(s) of a property subject to the provisions of this article, or potentially affected by its provisions, may submit a petition to the Township requesting that such property be added to or deleted from the Historic Properties Map, or that its classification within the Historic Properties Map be changed.
(b)
The Township shall respond to such petition in accordance with the ordinance amendment provisions of Article XXVI of this chapter.
(c)
To enable the Historical Commission to properly review this requested change, the property owner shall submit the following (unless the Historical Commission determines that an item or items below do not need to be submitted):
[1]
An informal plan of the property, showing existing site conditions and structures and known or potential archaeological sites;
[2]
General description, classification, and significance (in terms of the criteria used for listing a resource in the National Register of Historic Places) of all historic resources located on the subject property as shown on the site plan;
[3]
Black-and-white or color five-inch-by-seven-inch photographs to show every historic resource identified in Subsection E(3)(c)[2] above; and
[4]
Narrative description of the historical development of the property.
[2]
Editor's Note: See 53 P.S. § 10609.
F.
Jurisdiction. All Class I and Class II resources shown on the Historic Properties Map shall be subject to the applicable terms of this article.
§ 370-54 Schuylkill Township Historical Commission.
A.
The membership, powers, and duties of the Schuylkill Township Historical Commission shall be as set forth in Chapter 27, Historical Commission, of the Code of the Township of Schuylkill.
B.
The roles and functions of the Historical Commission with respect to historic resource protection under the provisions of this chapter shall be as stated in this article.
§ 370-55 Proposed demolition of Class I or Class II historic resources.
A.
No Class I or Class II historic resource may be demolished unless approved as a conditional use by the Board of Supervisors in accordance with the procedures and requirements of this section, as applicable.
B.
The Board of Supervisors shall consider and act on any application for conditional use in accordance with the applicable procedures contained in Article XX of this chapter.
(1)
In addition to any other applicable requirements of this chapter and other ordinances of the Township, an applicant seeking conditional use approval to demolish an historic resource shall provide a written report as part of the application. Such report shall contain, but not be restricted to, the following (except where the Historical Commission, upon a written request from the applicant, determines that an item does not need to be included with the application):
(a)
Owner of record;
(b)
Classification of resource on the Historic Properties Map; if more than one structure is located on the property, the specific structure proposed for demolition;
(c)
General description and significance (in terms of the criteria used for listing a resource in the National Register of Historic Places) of the resource proposed for demolition;
(d)
Site plan showing all buildings and structures on the property;
(e)
Recent interior and exterior photographs of the structure proposed for demolition, showing all major facades and notable interior features;
(f)
Reasons for the demolition;
(g)
A report from a structural engineer describing the structural condition of the structure proposed to be demolished;
(h)
Proposed disposition of materials;
(i)
Timeline for implementation of proposed use of the property following demolition;
(j)
Ownership history and dates of ownership of the historic resource;
(k)
Assessed value of the land and improvements thereon;
(l)
Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture or other;
(m)
Documentation of all efforts to sell the historic property in the preceding three years;
(n)
Purchase price.
(2)
In addition to the information required in Subsection B(1), the applicant is encouraged to submit a certified property appraisal.
(3)
Unless the Historical Commission determines, upon a written request from the applicant, that an item required below does not need to be included with the application, the applicant shall provide written documentation of an analysis of the following factors which shows, by a preponderance of the evidence, that:
(a)
The demolition of the historic resource in question will not adversely affect the historic significance or architectural integrity of neighboring historic properties or the historic character of the neighborhood or community;
(b)
If the demolition will not result in the complete removal of the historic resource, it will minimize adverse effects on the architectural and structural integrity and the overall historic appearance of the resulting structure;
(c)
It is not feasible to continue the current use;
(d)
Other uses permitted within the underlying zoning district, whether permitted as of right, by special exception, or by conditional use, have been denied or are not feasible due to constraints on the historic resource proposed to be demolished;
(e)
Adaptive use opportunities do not exist due to constraints related to the historic resource proposed to be demolished or the property on which it is located;
(f)
The proposed new use of the property, including any new building or structure, will not adversely affect the historic character or architectural integrity of neighboring historic properties, the neighborhood, or the community;
(g)
The permitted uses and adaptive use potential of the historic resource proposed to be demolished do not provide a reasonable rate of return based on a reasonable initial investment; and
(h)
The applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration, or similar physical action.
C.
Application review procedure.
(1)
Upon receipt of an application for conditional use approval for demolition, the Zoning Officer shall review said application pursuant to the requirements of this section to determine whether it is complete.
(2)
Within five days of receipt of a complete application, the Zoning Officer shall forward the application, together with documents and specifications filed by the applicant, to the Historical Commission for its review and comment.
(3)
The Zoning Officer shall, as necessary, require applicants to submit a sufficient number of additional copies of materials required to be attached to a completed conditional use application for demolition.
D.
Historical Commission review of applications. The completed conditional use application for demolition under the terms of this article must be received by the Historical Commission at least five days before the Commission considers such at its next regularly scheduled meeting.
E.
Notification to applicant of Historical Commission review. Upon forwarding the completed application to the Historical Commission for its review and recommendation, the Zoning Officer shall mail a written notice to the applicant, stating the time and place of the Historical Commission's meeting at which the conditional use application for demolition will be considered.
F.
Criteria for deliberation.
(1)
In determining the recommendations to be presented to the Board of Supervisors concerning the conditional use application for demolition of any Class I or Class II historic resource, the Historical Commission shall:
(a)
Consider the historical, architectural, or archaeological significance of the historic resource to the Township, county, state, or nation.
(b)
Weigh all relevant factors in favor of or against the demolition pursuant to and congruent with the objectives of this article.
(c)
Take into account:
[1]
The effect of demolition on the historical and architectural significance and architectural integrity of neighboring historic resources.
[2]
The economic feasibility of adaptively reusing the resource proposed for demolition.
[3]
Alternatives to demolition of the resource.
[4]
Potential public safety issues posed by the current condition of the resource.
(d)
Consider such other factors as the Commission may deem appropriate and necessary in reaching its decision.
(2)
In the course of its deliberation, the Historical Commission may request additional information from the applicant or others where such information is deemed necessary by the Commission in reaching its decision.
G.
Time frame for Historical Commission recommendation. Following the Historical Commission's vote to recommend approval or denial of any application for demolition of an historic resource, the Commission shall forward a written recommendation report to the Board of Supervisors and to the Zoning Officer not less than 10 days before the date of the public conditional use hearing at which the application will be considered by the Board of Supervisors.
H.
Recommended disapproval of application by the Historical Commission. If the Historical Commission advises against the granting of conditional use approval for demolition, it may, as it deems appropriate, indicate to the Board of Supervisors and the applicant an alternative(s) to the proposed demolition which would protect:
I.
Contents of written report.
(1)
The written report to the Board of Supervisors concerning the Historical Commission's recommendations on the conditional use application for demolition shall set out findings of fact, which shall include but need not be limited to the following matters:
(a)
The exact location of the historic resource that is proposed for demolition.
(b)
A list of other historic resources on the property and within 300 feet of any boundary of the subject property.
(c)
The anticipated effect of the proposed demolition upon the general historic, archaeological, and architectural character, including the cultural landscape, of Schuylkill Township.
(d)
Recommendations by the Historical Commission as to the Board of Supervisors' decision on the conditional use application for demolition.
(2)
A member of the Historical Commission shall appear on behalf of the Township at the hearing to present the report.
J.
Notification to applicant. The Zoning Officer shall provide the applicant a copy of the written report from the Historical Commission, as provided for in this section.
K.
Decision by the Board of Supervisors. The Board of Supervisors shall conduct a public hearing on the application for conditional use approval in accordance with the applicable terms of Article XX of this chapter. The Board shall give consideration to the recommendations of the Historical Commission and the Township Planning Commission in reaching its decision. The decision shall be communicated to the applicant in accordance with the terms of Article XXIV of this chapter. Where the application is approved, including the imposition of reasonable conditions as deemed necessary by the Board, the Zoning Officer shall be authorized to issue a demolition permit consistent with the terms of the decision.
L.
Required restoration of unauthorized demolition.
(1)
In the event the Board of Supervisors authorizes the commencement of an action pursuant to § 370-64B of this article, the Zoning Officer shall not issue 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 altered or demolished in violation of this article or 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.
(2)
Except as provided in Subsection L(1) above, the Zoning Officer shall not issue any building permit for a minimum of one year for a property which, at the date of enactment of this article, was occupied by a Class I or Class II historic resource which subsequently was demolished in violation of the terms of this article.
§ 370-56 Demolition by neglect.
A.
The owner or any other person or persons who may have possession, legal custody, or control of any building or structure designated as a Class I or Class II historic resource shall not permit such building or structure to fall into a state of disrepair which may result in the deterioration of any facade or exterior appurtenance or architectural feature so as to produce or tend to produce, in the opinion of the Zoning Officer or his/her designate, a detrimental effect on the historic character of the resource.
B.
The Zoning Officer shall notify the Historical Commission of any instance where, in his/her opinion, demolition by neglect has occurred or may be occurring. In determining whether a Class I or Class II historic resource is undergoing demolition by neglect, the Zoning Officer may consult with the Historical Commission, as he/she deems necessary, on the condition of the resource and the essential components of its historic character.
C.
Where the Historical Commission believes a Class I or Class II historic resource is undergoing demolition by neglect, it may so indicate to the Township Manager and request that the Zoning Officer be authorized to investigate the property and the degree to which demolition by neglect is occurring. In such instance, the Zoning Officer shall report his/her findings to the Historical Commission and, where the Zoning Officer has determined that demolition by neglect is occurring, he/she shall proceed in accordance with the terms of this section.
D.
Any building or structure designated as a Class I or Class II historic resource shall be preserved against decay and deterioration by being kept substantially free from the following structural defects by the owner and any other person or persons who may have possession, legal custody, or control of such building or structure:
(1)
Deteriorated or inadequate foundation which jeopardizes its structural integrity.
(2)
Defective or deteriorated floor supports or any structural members of insufficient size to carry imposed loads with safety, thereby jeopardizing its structural integrity.
(3)
Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration which jeopardizes its structural integrity.
(4)
Structural members of ceilings and roofs or other horizontal structural members that sag, split, or buckle due to defective materials or deterioration or are of insufficient size to carry imposed loads with safety, thereby jeopardizing its structural integrity.
(5)
Exterior chimneys that list, bulge, or settle due to defective material or deterioration or are of insufficient size or strength to carry imposed loads with safety, thereby jeopardizing its structural integrity.
(6)
Lack of weather protection, including in particular a lack of effective waterproofing, that jeopardizes the structural integrity of the walls, roofs, or foundation.
(7)
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that a demolition is necessary for the public safety.
E.
Demolition by neglect shall constitute a violation of this chapter. The Zoning Officer shall have the power to institute any proceedings at law or in equity, as provided under the terms of this chapter, necessary for the enforcement of this section, including all remedies set forth in the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 370-57 Historic resource impact study.
A.
An historic resource impact study shall be required as part of an application for certain activities or procedures, as specified herein, authorized under the terms of this article that have the potential to adversely affect any Class I or Class II historic resource. Such activities shall include the following:
(1)
Where the subject property contains a Class I historic resource, any application, the approval of which would result in the construction of a new principal or accessory structure, and where such approval is required in the form of a:
(2)
Where a property containing a Class II historic resource is the subject of a proposal for construction of a new principal structure, or a Class I or Class II historic resource is located within 300 feet of the proposed location of a new principal structure, and approval of the proposed new structure is required in the form of a:
(3)
This requirement shall not apply where an historic resource impact study has been prepared for the property that is proposed to contain the new construction and has addressed all historic resources potentially affected by this proposal within the preceding five years.
B.
Upon receiving an application for a procedure or permit described in Subsection A above, and prior to the preparation and submission of an historic resources impact study, the Zoning Officer shall notify the Historical Commission of the application. The Historical Commission may then conduct a site visit with the applicant to identify the location of the prospective new construction in relation to the Class I or Class II historic resource, the extent of potential negative impacts, possible alterations or modifications to the proposal, and any modification to the requirements of this section that may be appropriate.
C.
Where required, the historic resource impact study shall be prepared and submitted by the applicant in accordance with the terms of this section and shall be reviewed by the Historical Commission. Where the Historical Commission requires consultation from a professional with expertise in historic preservation, the cost of the consultant shall be paid by the applicant.
D.
The historic resource impact study shall contain the following information unless the Historical Commission determines that the study, or certain elements thereof, are not pertinent to the application under review, in which case the applicant shall not be required to submit the study or those specific sections:
(1)
Contextual information.
(a)
If not otherwise provided by the applicant, a plan showing existing site conditions, including structures, topography, watercourses, vegetation, historic landscape features (e.g., walls, ruins), landscaping, existing drives, and known or potential archaeological sites.
(b)
General description, classification, and significance (in terms of the criteria used for listing a resource in the National Register of Historic Places) of all historic resources located on the subject property as shown on the site plan, or historic resources located within 300 feet of any portion of the subject property.
(c)
Black-and-white or color five-inch-by-seven-inch photographs to show every historic resource identified in Subsection D(1)(b) above.
(d)
Narrative description of the historical development of the subject tract.
(e)
Where deemed applicable and appropriate by the Historical Commission, an archaeological assessment in accordance with the following:
[1]
Any use permitted under the terms of this article that involves lands identified by the Pennsylvania Historical and Museum Commission (PHMC) as containing a known or possible site of archaeological significance, and which may involve disturbance to possible locations of archaeological resources, shall require the preparation of a statement by an archaeologist, with qualifications deemed acceptable by the Township, which includes the following information:
[a]
A Phase 1 survey of archaeological resources conducted on the site and its findings as required by the PHMC. The survey shall be conducted only after notification of the PHMC and undertaken in a manner specifically prescribed by the PHMC.
[b]
If construction shall occur on the site, the applicant shall provide a description of the methods that shall be used to prevent the disturbance of archaeologically significant areas during and following construction, to prevent grading of archaeologically significant areas, and a discussion of any provisions used to orient activities away from archaeologically significant areas.
[c]
A plan for the ultimate disposition of any archaeologically significant artifacts to be found on the site.
[2]
The archaeological assessment shall be submitted to the Zoning Officer, who shall review the statement and determine, within 10 days of submission, whether all information required by this section has been submitted. A complete archaeological assessment shall then be provided to the Historical Commission for its review. The recommendation of the Historical Commission may then be provided to the Board of Supervisors, Zoning Officer, or Zoning Hearing Board, as applicable.
(2)
(3)
Mitigation measures. Recommendations shall be made for mitigating the project's impact on identified Class I or Class II historic resources, including design alternatives; moving the historic resource; reconstruction of the historic resource; Historic American Buildings Survey (HABS), Historic American Engineering Record (HAER), or Pennsylvania State recordation requirements; buffering, landscaping, or conservation of existing vegetation; and any other appropriate measures permitted under the terms of this chapter.
E.
The Historical Commission shall review the historic resource impact study and shall provide a written report, including findings, conclusions, and any recommended modification to the proposed activity that it deems appropriate, to the Zoning Hearing Board, Board of Supervisors, or Zoning Officer, as applicable. Where the proposed activity requires special exception or conditional use approval, a member of the Historical Commission shall appear on behalf of the Township at the hearing to present the report.
§ 370-58 Additional use opportunities.
A.
In addition to the uses permitted by the underlying zoning district, properties designated as Class I or Class II historic resources are eligible for certain additional uses in accordance with the terms of this section and all other applicable provisions of this chapter. Such additional uses are permitted only when approved as a conditional use by the Board of Supervisors in accordance with the terms of this section and the provisions of Article XX of this chapter, and only where the Board of Supervisors determines that the Class I or Class II historic structure in which the additional use is proposed will be appropriately preserved and all other applicable terms of this section will be met.
B.
Notwithstanding the terms applicable to each base zoning district in this chapter, any Class I or Class II historic property that is eligible for the additional use opportunities under the terms of this section shall be limited to one principal use per structure, but may contain more than one principal use on the property.
C.
Where a Class B home occupation is permitted under the terms of this section, it shall be considered an accessory use which may be located on a property with a principal residential use.
E.
Conditional use criteria. In hearing all requests for conditional use approval under the provisions of this article, the Board of Supervisors shall review each of the following criteria as they apply to the application. In approving any conditional use application, the Board may attach such reasonable conditions, in addition to those expressed in this article and in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter.
(1)
The applicant shall submit an historic resource impact study in accordance with the terms of § 370-57.
(2)
All additions, enlargements, rehabilitations, and alterations shall be in substantial compliance with the standards contained in § 370-61 of this article.
(3)
The proposed additional use shall not substantially alter the exterior character of the structure.
(4)
The proposed additional use shall not alter, or represent the potential for deleterious impact on, the character of the neighborhood. In any grant of conditional use approval, the Board must be satisfied that the proposed additional use will not create significant negative off-site impacts resulting from parking, traffic volume or flow, signage, lighting, or impervious surface.
(5)
The proposed use or activity shall be consistent with the purposes of this chapter and this article.
(6)
The proposed use shall not injure or detract from the use or enjoyment of adjoining or nearby properties.
(7)
Adequate utilities must be available to serve the proposed use. When public utilities are available, they shall be utilized.
(8)
Where necessary to provide for the efficient use or reuse of a structure, the applicant may request a special exception for the modification of applicable area and bulk regulations, as provided in § 370-59 of this article.
(9)
The Board, at its sole discretion, shall evaluate whether the proposed additional use represents an effective means of protecting the integrity of the Class I or Class II historic resource in which the use will be located.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 370-59 Modification to area and bulk regulations.
A.
Zoning Hearing Board. The Zoning Hearing Board, through the grant of a special exception, may approve requested modifications to the otherwise applicable lot size, lot dimension, or setback and yard requirements for plans affecting a Class I or Class II historic resource, in accordance with the standards for the review of special exceptions set forth in § 370-208 and provided the following additional criteria are met:
B.
Schuylkill Township Historical Commission. The Historical Commission shall review the request for special exception for the purpose of determining whether, in its judgment, the proposed modifications are necessary to the preservation of the Class I or Class II resource. The findings and conclusions of the Historical Commission shall be submitted in the form of a written report for consideration by the Zoning Hearing Board as it deems appropriate. The report shall indicate whether the Historical Commission believes specific changes in the plans would bring them into substantial compliance with the standards. A member of the Historical Commission shall appear on behalf of the Township at the hearing to present the report.
§ 370-60 Review of proposed rehabilitations or alterations.
A.
Building permit. Except as provided in Subsection F below, no building permit for the rehabilitation or alteration of the exterior of a Class I or Class II historic resource shall be issued by the Zoning Officer prior to review and comment on the application by the Schuylkill Township Historical Commission in accordance with the terms of this section.
B.
Zoning Officer. The Zoning Officer shall provide the Historical Commission with a copy of the application, together with any plans or diagrams required by this chapter, within five days of receipt of a complete application.
C.
Schuylkill Township Historical Commission. The completed building permit application must be received by the Historical Commission at least five days before the Commission considers such at its next regularly scheduled meeting or a special meeting. The Historical Commission or a subcommittee thereof shall review the plans for substantial compliance with the standards contained in § 370-61 below and prepare a written report to the Zoning Officer, with a copy to be sent to the applicant. Where the plans are not in compliance with the standards in § 370-61, the report shall make suggestions as to what specific changes in the plans would bring them into substantial compliance.
D.
Issuance of building permit. Upon receipt of a written report from the Historical Commission indicating that the plans are in substantial compliance with § 370-61, and provided that the plans satisfy all other requirements of the Township, the Zoning Officer shall issue the building permit.
E.
Report of detrimental effect. If the Historical Commission's report indicates that the plans are not in substantial compliance with the standards in § 370-61, the Zoning Officer shall consider the report and recommendations of the Historical Commission in acting on the building permit application. The Zoning Officer shall, at his/her discretion, approve or deny the application for the building permit or not issue the building permit until the plans have been revised by the applicant in accordance with the Commission's recommendations.
F.
Exceptions.
(1)
Emergency repairs. In cases of emergency, such as storm or fire damage, the Zoning Officer may approve a building permit for temporary measures to stabilize or secure a Class I or Class II historic resource without following the procedures required by this section. To qualify for this exception, the applicant must demonstrate that the work will be reversible (i.e., can be removed without altering or damaging the resource) and will not further damage the resource. As applied to this section, "temporary" means not more than one year from the start of construction. The Zoning Officer may approve one request for an extension of the one-year time period, for a maximum of six months.
(2)
In-kind alterations. In cases where the applicant can document that a proposed rehabilitation or alteration is in-kind, the Zoning Officer may approve a building permit for such work on a Class I or Class II historic resource without following the procedures required by this section. An in-kind rehabilitation or alteration shall be work that the Zoning Officer can interpret as similar, if not identical, to the historic design and fabric of the structure at the time of the application, such as the replacement of a wood shingled roof with a new wood shingled roof. The Zoning Officer also shall weigh any proposed in-kind alteration against the criteria contained in § 370-61A(6) of this article, and shall consult with the Historical Commission in evaluating the proposed in-kind alteration as he/she sees fit.
§ 370-61 Standards for rehabilitation.
A.
Standards for rehabilitation. Any proposed rehabilitation or alteration of the exterior of a Class I or Class II historic resource under § 370-60 should be in substantial compliance with the Secretary of the Interior's currently adopted Standards for Rehabilitation, as revised. At the time of enactment of this article, those standards were as follows:
(1)
Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
(2)
The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided whenever possible.
(3)
All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier or later appearance shall be discouraged.
(4)
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.
(9)
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
(10)
Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
B.
Plan consistency. Determination of the consistency of the plan with these standards shall be made by written report of the Schuylkill Township Historical Commission, using the Secretary's Guidelines for Rehabilitating Historic Buildings, as revised, to apply the standards to each project.
§ 370-62 Landscaping and buffering.
A.
Landscaping.
(1)
When a Class I or Class II historic resource is located within a tract proposed for subdivision or land development, a landscape plan for the grounds surrounding the historic resource may be required by the Board of Supervisors as a means of mitigation when the need for such is identified as part of an historic resource impact study required by Chapter 320, Subdivision and Land Development.
(2)
The plan shall be prepared by a registered landscape architect, or by a nurseryman, or other individual deemed qualified by the Board of Supervisors. The plan shall show all pertinent information, including the location, size, and species of all individual trees and shrubs to be removed, planted, or preserved.
(3)
Through screening, buffering, and selection of plant material, the plan shall minimize the impact of the proposed development on the Class I or Class II historic resource and protect its integrity of setting and any significant vegetation. The landscape plan shall be reviewed by the Schuylkill Township Historical Commission as part of its review of the historic resource impact study.
B.
Buffering.
(1)
When any subdivision or any land development is proposed on a property, any boundary of which is within 300 feet of an exterior wall of a Class I or Class II historic resource, a plan depicting how the historic resource will be buffered against the deleterious impacts of the proposed development may be required by the Board of Supervisors as a means of mitigation when the need for such is identified as part of an historic resource impact study required by Chapter 320, Subdivision and Land Development.
(2)
Buffering may include, but need not be limited to, vegetative screening and fencing, the appropriateness and effectiveness of which shall be evaluated by the Schuylkill Township Historical Commission as part of its review of the historic resource impact study.
§ 370-63 Signs.
A.
Permits. No permit for a sign to be located on or within 150 feet of the exterior walls of a Class I historic resource shall be issued by the Zoning Officer prior to the review of and comment on the application by the Schuylkill Township Historical Commission, in accordance with the terms of this section. The requirements of this section shall apply to any permanent sign that is subject to the regulations of Article XXI of this chapter, including, but not limited to, wall signs, window signs, and ground signs.
B.
Zoning Officer. The Zoning Officer shall provide the Historical Commission with a copy of the application, together with any plans or diagrams required by § 370-179 of this chapter, within five days of receipt of a complete application.
C.
Schuylkill Township Historical Commission. The completed sign permit application must be received by the Historical Commission at least five days before the Commission considers such at its next regularly scheduled meeting or a special meeting. The Historical Commission or a subcommittee thereof shall review the plans and prepare a written report to the Zoning Officer, with a copy to be sent to the applicant, indicating whether the plans will have any detrimental effect on the architectural integrity or public enjoyment of a Class I historic resource. The report shall indicate what specific changes in the plans can be made to mitigate detrimental effects.
D.
Issuance of permit. Upon receiving a report of no detrimental effect from the Historical Commission and providing the plans satisfy all other requirements of the Township, the Zoning Officer shall issue the permit.
E.
Report of detrimental effect. If the Historical Commission's report indicates that the proposed sign will have a detrimental effect on a Class I historic resource, the Zoning Officer shall consider the report and recommendations of the Historical Commission in acting on the permit application. The Zoning Officer shall, at his/her discretion, approve or deny the application for the sign permit or not issue the permit until the plans have been revised by the applicant in accordance with the Commission's recommendations.
§ 370-64 Enforcement.
A.
The unlawful demolition, rehabilitation, or alteration of an historic resource, or any new construction on or within the regulated proximity to a property containing an historic resource, in violation of the provisions of this article or other applicable provisions of this chapter or the order or direction made pursuant thereto, shall constitute a violation of this chapter. In any such instance, the enforcement and penalty provisions of this chapter shall be instituted.
B.
In the event any person demolishes, rehabilitates, or alters a Class I or Class II historic resource in violation of the provisions of this article or in violation of any conditions or requirements specified in a permit or decision issued under the terms of this article, the Board of Supervisors or Zoning Officer may institute any proceeding, at law or in equity, necessary to enforce the provisions of this article, which may include, but need not be limited to, requesting that the court 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 or regulation.
C.
The Zoning Hearing Board may, as a condition of approval of any special exception, and 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 article, was occupied by a Class I or Class II historic resource(s) that subsequently was demolished, rehabilitated, or altered in violation of this article, impose a condition requiring the satisfactory reconstruction or restoration of any such historic resource(s).
D.
An applicant for an amateur radio antenna support structure which is proposed to be located within 1/2 mile of an historic resource and to exceed the maximum building height of the underlying zoning district shall obtain a recommendation from the Historical Commission and conditional use approval from the Board of Supervisors. The Historical Commission and the Board of Supervisors shall be guided in their consideration of the impact of such structure on the historic resources consistent with the identification, evaluation and assessment of effects on historic properties as set forth in Section VI of the Nationwide Programmatic Agreement, regarding the Section 106 National Historic Preservation Act Review Process, 47 CFR Part 1, Appendix C (September 2004).
[Added 11-1-2017 by Ord. No. 2017-13]
[NOTE: Schuylkill Township has numerous historic resources which could be compromised by ill-conceived placement of antenna support structures. This modification ensures that any adverse impact on historic resources will be considered both by the Schuylkill Township Historical Commission and then by the Board of Supervisors in the context of a public hearing for conditional use. The methodology applicable to commercial cell towers provides a convenient reference to the Commission and Supervisors in the analysis of impact.] |