Thornbury Township City Zoning Code

To promote the general welfare by protecting the integrity of the historic resources of the Township.

To establish a clear process by which proposed development land use changes affecting historic resources can be reviewed.

To discourage the unnecessary demolition of historic resources.

To provide incentives for the continued use of historic resources and to facilitate their appropriate reuse.

To encourage the conservation of historic settings and landscapes.

To promote retention of historical integrity in the context of proposed physical alterations to historic resources and development and land use involving or affecting historic resources.

To protect and preserve historic resources in the Township in accordance with § 603(b)(5) of the Pennsylvania Municipalities Planning Code, as amended, Act 247 of 1968, as amended (MPC), 53 P.S. § 10603(b)(5).

To promote and preserve areas of historic significance in the Township in accordance with § 603(c)(7) of the MPC, 53 P.S. § 10603(c)(7).

Historic Overlay Concept. The provisions of this article shall apply to all Class I and Class II Historic Resources, as defined herein and approved by the Board of Supervisors pursuant to a Resolution and identified on the Township Historic Resource Inventory (HRI) pursuant to a Resolution adopted at any time hereafter in accordance with this article. The regulations and standards established by this article shall be considered an overlay and shall apply to resources located in every zoning district now or hereafter enacted to regulate the use of land in the Township.

Compliance. Any change, alteration or modification in significant part, including demolition (deliberately or by intentional neglect) to a resource identified on the HRI shall occur only in full compliance with the terms of this article and all other applicable codes, rules and regulations of the Township.

For any property containing a resource identified on the HRI, the requirements and opportunities contained in this article shall supplement and, where expressly authorized, may supersede the otherwise applicable requirements of the underlying zoning district.

Should the HRI be revised 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.

The Board of Supervisors shall cause the HRI to be plotted on an official Township Historic Resources Map (HRM) which shall become a part of and be attached to this article. In the event of conflicting information, the Historic Resource Map shall be instructive, but not binding.

Upon receipt, any proposal regarding historic resource classification shall be referred to the Historical Commission and the Planning Commission, which shall each hold a public meeting thereon. The Historical Commission and the Planning Commission may hold a joint meeting on the proposal to satisfy the meeting requirements of this section.

Unless the proposal is made by the owner(s) of the subject historic resource, such owner(s) shall be notified, in writing, and provided with a copy of said proposal, upon receipt of a proposal affecting the owner's property, and the owner(s) shall be invited to respond to such proposal within 15 days of receipt thereof.

Regardless of the identity of the person submitting the proposal, at least 30 days before holding a public meeting to consider the proposal, the Historical Commission and/or the Planning Commission shall send notice to the owner(s) of the affected property. Such notice shall indicate the date, time and place of the public meeting(s) at which the Historical Commission and/or the Planning Commission will consider the proposal. Notice shall be sent by certified mail 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.

Any interested party may present testimony or documentary evidence regarding the proposal at the public meeting(s), describing how or why the subject property meets, or fails to meet, the criteria for designation or classification as set forth in this article. Such evidence may be presented in person at the public meeting(s) held to consider the proposal or may, alternatively, be submitted in writing to the Township prior to said meeting(s).

The Historical Commission and the Planning Commission shall each present a written report to the Board of Supervisors within 60 days following the public meeting(s) stating its recommendation regarding the subject proposal, based upon the criteria established herein. A property or resource shall be recommended for removal as a Class I Historic Resource if it does not currently meet the definitional criteria set forth in this article or is not deemed by the Historical Commission and the Planning Commission to be of similar historical significance based on the evidence presented at the public meeting. Properties no longer designated as Class I Historic Resources shall remain on the HRI as Class II Historic Resources unless removed from the HRI altogether. A property or resource shall be recommended for removal from the HRI if it does not currently meet the criteria for designation as a Class I or Class II Historic Resource. The report to the Board shall include a summary of the information and copies of all documents presented at the public meeting(s). The Historical Commission and Planning Commission may submit a joint report to the Board of Supervisors in satisfaction of their obligations under this section.

Based upon the criteria set forth herein and after receiving the recommendations of the Historical Commission and the Planning Commission, the Board of Supervisors shall from time to time, by Resolution or as otherwise permitted by law, add or delete structures, buildings, sites, districts and objects to or from the HRI and/or change the designation of existing resources. Written notice of the action of the Board of Supervisors shall be given to the property owner and to any person who requests notification.

Has significant character, interest or value as part of the development, heritage or cultural characteristics of the Township, Delaware County, the Region, Commonwealth or Nation, or is associated with the life of a person significant in the past.

Is associated with an event of importance to the history of Thornbury Township, Delaware County, the Region, Commonwealth or Nation.

Embodies an icon associated with an era characterized by a distinctive architectural style.

Embodies distinguishing characteristics of an architectural style or engineering specimen.

Is the noteworthy work of a designer, architect, landscape architect or engineer whose work has significantly influenced the historical, architectural, economic, social, or cultural development of the Township, Delaware County, the Region, Commonwealth or Nation.

Contains elements of design, detail, materials or craftsmanship which represent a significant innovation.

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.

Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community or the Township.

Has yielded, or may be likely to yield, information important in pre-history or history.

Exemplifies the cultural, political, economic, social or historical heritage of the community or the Township.

Additional use and adaptive reuse opportunities for which resources are eligible shall include any use permitted in the underlying base zoning district and, where the resource is not intended as part of a subdivision and/or land development, shall also include, by conditional use approval:

Additional use and adaptive reuse opportunities for which resources are eligible shall include any use permitted in the underlying base zoning district and, where the resource is intended as part of a larger subdivision and/or land development, shall also include, by conditional use approval:

Except as provided in this article to the contrary, the additional use and adaptive reuse opportunities provided for in this section, shall otherwise comply with specific bulk, area and other requirements of the Township Zoning and Subdivision and Land Development Ordinances as well as all other Township codes, rules and regulations applicable to such uses and development.

All otherwise applicable standards and criteria set forth in this article for conditional use approval shall be complied with to the satisfaction of the Board of Supervisors.

The granting of conditional use approval shall be deemed to be necessary to the preservation and protection of the resource(s).

Any plans involving the enlargement of the resource(s) shall not provide for reduction in excess of 25% of any single area and bulk condition in existence on the effective date of adoption of this article.

In granting conditional use approval, the applicant shall satisfy the Board of Supervisors that adequate water supply and sewage disposal will be provided.

Where plans involving a 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.

Except where the applicant can demonstrate: (1) that such compliance will be clearly detrimental to the preservation and protection of the resource; (2) that neighboring properties and the community will not suffer any material detrimental effects from such noncompliance; and (3) where public health, safety, and welfare are otherwise are shown to be adequately protected, all other applicable standards contained in this article and all other codes of the Township shall be complied with, including but not limited to requirements for buffering, lighting, storage, access and traffic management, interior circulation, loading, parking, and signs.

In granting conditional use approval, the Board of Supervisors may require as condition(s) of approval adherence to the Secretary of the Interior's standards for rehabilitation of historic structures for any plans involving the rehabilitation, alteration, or enlargement of a resource(s).

In granting conditional use approval in accordance with this section, the Board of Supervisors may require means to guarantee permanent protection of the historical integrity of the resource(s).

The Board of Supervisors may impose such reasonable conditions and safeguards as it may deem necessary to effectuate the intent of this article.

In reviewing requests for conditional use approval involving modification of area and bulk regulations, the Historical Commission shall evaluate whether the proposed modifications are necessary to preserve or protect the resource or an identified historic district within the Township.

Where the application involves physical changes to resource(s) and/or the surrounding landscape, the Historical Commission shall review the proposed changes and make recommendations as to their appropriateness.

The Planning Commission shall review the application for, among other things, its impact on the health, safety and welfare of the Township including, but not necessarily limited to, traffic impacts, water supply and sewerage.

Within 250 feet of the exterior walls of a resource or within an identified historic district in the Township.

Within 200 feet of the boundary of any identified historic district within the Township.

Within 200 feet of the exterior walls of an identified historic resource or within 200 feet of the boundary of any identified historic resource in an adjacent municipality.

Background Information.

Proposed Change.

Mitigation Measures. Recommendations for mitigating the project's impact on Class I or II Historic Resources, including design alternatives, buffering, landscaping, conservation of existing vegetation, and any other appropriate measures permitted under the terms of this article and other Township codes, rules and regulations.

No Class I nor Class II Historic Resource may be demolished, in whole or in part, unless a demolition permit is obtained from the Township in accordance with the procedures and requirements of this section, and other applicable standards and procedures of this article and the Township Building Code.

Demolition by neglect, which shall be defined as the willful failure to provide ordinary and necessary maintenance and repair to a building or structure located in an historic district, or to a resource, except for ruins existing at the time of adoption of this article, by willful neglect, purpose or design, by the owner or any party in possession thereof, which results in any of the following conditions, is prohibited and is a violation of this article:

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.

The applicant shall submit to the Township one copy of an application for a demolition permit, obtainable from the Township. If the Township determines that the permit request is for the demolition of a resource, the Township shall not issue the demolition permit and the application shall be forwarded to the Historical Commission for review.

Information to be Provided. In addition to applicable requirements under this article and the Township Building Code, an applicant seeking a permit to demolish a resource shall provide the following information:

Review by Historical Commission. Within 30 days of receipt of a complete application from the Township, the Historical Commission, at a regular or special meeting, shall review the application for demolition. The applicant will be notified of the meeting by the Township at least 10 days prior to its date and shall have the opportunity to present the reasons for filing the application. The Historical Commission shall consider the following:

Historical Commission Recommendation. Within 30 days following conclusion of the meeting, the Historical Commission shall set forth its recommendations in a written report to the Board of Supervisors:

Within 30 days of receiving the recommendation from the Historical Commission, the Board of Supervisors shall consider the application, 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. The applicant shall be notified of the meeting by the Township at least 10 days prior to its date, and shall have the opportunity to present the 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 Township Building Department.

Issuance of Demolition Permit. Where the Board acts to approve the application, it shall authorize the Township Code Enforcement Department to issue the permit. Where the approval is granted with conditions attached, the Township Building Department Officer shall be authorized to issue the permit upon receipt from the applicant of written acceptance of those conditions, all of which shall be noted upon the demolition permit.

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; to provide an opportunity for complete historical documentation of the resource; and/or for preparation of a financial analysis, if required. During the delay period, the applicant shall make the resource reasonably available to the Historical Commission or Township Supervisors for inspection and documentation.

For Class II Resources, the Commission may recommend approval of the demolition permit and may so advise the Board of Supervisors not later than the end of the applicable ninety-day delay time period. The Board of Supervisors shall act upon the application for demolition of Class II Resource(s) in accordance with this section, prior to the expiration of the ninety-day delay period, whether it receives a recommendation from the Historical Commission or not.

Special Provisions for Class I Historic Resources.