Thornbury Township City Zoning Code
ARTICLE 28
HISTORIC RESOURCE PRESERVATION
§ 27-2801 Legislative Intent and Authority.
[Ord. 3-2005, 7/20/2005]
1.
It is hereby declared as a matter of public policy that the preservation and protection of buildings, structures, and sites of historic, architectural, cultural and archeological merit are public necessities and are in the interests of the health, prosperity and welfare of the residents of the Township of Thornbury. The provisions of this article are intended:
A.
To promote the general welfare by protecting the integrity of the historic resources of the Township.
B.
To establish a clear process by which proposed development 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.
F.
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.
G.
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).
H.
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).
§ 27-2802 Applicability.
[Ord. 3-2005, 7/20/2005]
1.
General Provisions.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
2.
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 greater restrictions, the provisions of this article shall prevail.
§ 27-2803 Definitions.
[Ord. 3-2005, 7/20/2005]
When used in this article, the following terms shall have the meaning as indicated, unless the context clearly indicates otherwise. Terms not defined in this article shall first have the meanings ascribed to them in the Township Zoning Ordinance [this chapter] and if not defined therein then as defined in the Township Subdivision and Land Development Ordinance [Chapter 22].
Any of the following:
Sites designated by the Secretary of the Interior as National Historic Landmarks.
Buildings, sites, structures, districts and objects listed individually on the National Register of Historic Places.
Buildings and structures classified as "certified historic structures" by the Secretary of the Interior.
Buildings, sites, structures, and objects documented as "contributing resources" in a National Register Historic District.
Resources which have received a determination of eligibility (DOE) by the PHMC.
Buildings, sites, structures, or objects documented as "contributing resources" within any historic district which has received a determination of eligibility (DOE) from the PHMC.
Other historic resource which may have been designated a Class I Historic Resource by the Board of Supervisors on the HRI as provided in this article.
All historic resources included in the HRI, not otherwise designated as Class I Historic Resources, and approved as such by the Board of Supervisors pursuant to the provisions of this article.
A building, structure or site adding to the historic significance of a property, neighborhood or district.
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.
The razing, destruction or removal, 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, reconstruction or relocation.
The Thornbury Township Historic Resources Inventory, as may be amended by resolution from time to time by the Board of Supervisors.
The Thornbury Township Historic Resources Map as may be amended by resolution from time to time by the Board of Supervisors. The HRM shall consist of a plotting of the resources identified on the HRI.
The National Register of Historic Places.
The Pennsylvania Historical and Museum Commission.
Any Class I or Class II Historic Resource.
Thornbury Township, Delaware County.
§ 27-2804 Resource Classification.
[Ord. 3-2005, 7/20/2005]
1.
Resources identified on the HRI shall be classified as either Class I or Class II Historic Resources.
2.
Historic resources meeting the definitional criteria, established in this article, for Class I Historic Resources shall be classified as Class I Historic Resources unless otherwise removed from Class I by action of the Board of Supervisors as provided in this article. Historic resources not having received formal National Register or PHMC designation may be designated Class I Historic Resources by the Board of Supervisors as provided in this article.
3.
Historic resources meeting the general criteria for designation as historic resources under this article and not otherwise designated as Class I Historic Resources shall be designated as Class II Historic Resources.
§ 27-2805 Initial Designation and Addition or Removal of Resources from HRI, or Change of Classification.
[Ord. 3-2005, 7/20/2005]
1.
Property within the Township containing a resource as identified on the HRI and appearing on the HRM on the date of the adoption of this article shall be subject to the terms of this article, in accordance with the resource's historic class designation on the HRI.
2.
Historic resource may subsequently be proposed for addition to or removal from the HRI, or for a change in classification (Class I or Class II) by the owner of such historic resource, by the Historical Commission, by the Board of Supervisors, or as otherwise provided in this article.
3.
The receipt by the Township of written notification from the designating organization (PHMC or National Register) that any 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 HRI.
4.
Any proposal for addition to or removal from the HRI, or for a change in classification (Class I or Class II), shall be considered by the Township in accordance with the following procedure:
A.
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.
B.
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.
C.
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.
D.
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).
E.
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.
F.
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.
§ 27-2806 General Criteria for Classification of Historic Resources.
[Ord. 3-2005, 7/20/2005]
1.
A structure, site or object, or a group or combination of same, may be placed on the HRI (and the HRM) if it meets one or more of the following criteria.
A.
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.
B.
Is associated with an event of importance to the history of Thornbury Township, Delaware County, the Region, Commonwealth or Nation.
C.
Embodies an icon associated with an era characterized by a distinctive architectural style.
D.
Embodies distinguishing characteristics of an architectural style or engineering specimen.
E.
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.
F.
Contains elements of design, detail, materials or craftsmanship which represent a significant innovation.
G.
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.
H.
Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community or the Township.
I.
Has yielded, or may be likely to yield, information important in pre-history or history.
J.
Exemplifies the cultural, political, economic, social or historical heritage of the community or the Township.
2.
In order to receive the designation as a Class I Historic Resource, the structure, site, or object, or group or combination must also satisfy the definitional criteria of a Class I Historic Resource.
§ 27-2807 Additional Use and Adaptive Re-Use Opportunities for Resources on the HRI.
[Ord. 3-2005, 7/20/2005]
1.
Upon review by the Historical Commission and the Planning Commission in accordance with this chapter, and where approved by the Board of Supervisors as a conditional use, additional use or adaptive re-use opportunities may be permitted for a resource, beyond those otherwise permitted in the underlying zoning district in which the resource is located. Where permitted, and subject to the provisions of this article, such use opportunities shall be available in addition to or in place of any use currently being made of the resource.
A.
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:
B.
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:
(1)
Those uses identified in this article, when appropriately incorporated as part of the subdivision and/or land development.
(2)
Appropriate reuse of a resource as a single dwelling unit within a proposed residential development may entitle the owner/applicant to include the resource in addition to the underlying dwelling unit density requirements otherwise applicable to the proposed development.
(3)
Open space requirements for a residential development may be satisfied, in part, by including the lot area upon which a structure is proposed to be situated, in the open space calculation, provided that said lot area is privately deeded to the owner(s) of the resource and the lot is deed restricted against further subdivision.
(4)
Appropriate reuse of a resource in a commercial development may entitle the owner/applicant to exclude the area of the resource from the impervious coverage requirements otherwise applicable to the proposed development, provided that the impervious coverage of the resource shall be included in any stormwater management design.
C.
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.
2.
In addition to satisfying the requirements of the Township Zoning Ordinance [this chapter], governing conditional uses, the applicant for any additional use or adaptive reuse shall also have the burden and obligation to demonstrate compliance with the specific requirements for conditional use approval set forth in this article.
§ 27-2808 Modifications to Area and Bulk Regulations Otherwise in Effect.
[Ord. 3-2005, 7/20/2005]
Upon review by the Historical Commission and Planning Commission in accordance with this article, and where approved by the Board of Supervisors as a conditional use, requested modifications to applicable lot area, lot dimension, yard requirements or any otherwise applicable area and bulk regulation may be permitted for the resource (only), provided that such modification does not constitute more than a 25% deviation from any single existing area or bulk condition. In all cases, the applicant shall demonstrate that such modification is necessary for the preservation and protection of the resource under the proposed plan(s) for the resource.
§ 27-2809 Specific Requirements for Conditional Use Approval.
[Ord. 3-2005, 7/20/2005]
1.
Where additional use or adaptive reuse opportunities for resources are permitted by conditional use in this article, the applicant shall have the burden to establish the following, in addition to the conditional use requirements.
A.
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.
B.
The granting of conditional use approval shall be deemed to be necessary to the preservation and protection of the resource(s).
C.
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.
D.
In granting conditional use approval, the applicant shall satisfy the Board of Supervisors that adequate water supply and sewage disposal will be provided.
E.
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.
F.
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.
G.
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).
H.
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).
I.
The Board of Supervisors may impose such reasonable conditions and safeguards as it may deem necessary to effectuate the intent of this article.
§ 27-2810 Application Procedures for Conditional Use Approval Regarding Resources.
[Ord. 3-2005, 7/20/2005]
1.
An applicant seeking conditional use approval under the provisions of this section shall submit an application for conditional use approval to the Township in accordance with the Township Zoning Ordinance, and this article. In addition to any other information specifically required by the application, the application shall include a detailed depiction of the proposed use(s), any physical changes proposed for the affected resource(s) and their surrounding landscape, and any proposed modifications to otherwise applicable area and bulk regulations.
2.
Upon receipt and acceptance of a completed application, the Township shall forward a copy of the application to the Historical Commission and or the Planning Commission. Within 30 days of receipt of a complete application by the Township, the Historical Commission and Planning Commission at their respective regular meetings or at a joint or a special public meeting, shall review the application for conditional use. The applicant will be notified of the meetings by the Township at least 10 days prior to the dates of said meetings and shall have the opportunity to present the reasons for filing the application.
A.
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.
B.
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.
C.
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.
3.
Recommendations of the Historical Commission and Planning Commission shall be transmitted in the form of written reports to the Board of Supervisors and shall include suggestions for specific changes to proposed plans, if any. The written reports of the Historical Commission and Planning Commission shall be admissible at public hearing provided that the chairman or author of the report shall testify and be subject to cross-examination at such hearing unless his or her presence is waived by the applicant. If the Historical Commission and/or Planning Commission does not transmit its recommendations to the Board by the date set by the Board for public hearing to consider the application for conditional use approval, then it shall be deemed that the Commission(s) recommend the approval of the application.
4.
The Board of Supervisors shall hear and act upon the application in accordance with the provisions of the Township Zoning Ordinance.
§ 27-2811 Historic Resource Impact Study.
[Ord. 3-2005, 7/20/2005]
1.
Applicability. An historic resource impact study, unless waived by the Board of Supervisors, shall be submitted to the Township for any subdivision, land development, land disturbance, or exterior structural alteration (including application for demolition) of a resource or to a building:
A.
Within 250 feet of the exterior walls of a resource or within an identified historic district in the Township.
B.
Within 200 feet of the boundary of any identified historic district within the Township.
C.
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.
2.
The historic resource impact study shall be prepared by a qualified professional in historic preservation, historical architecture, or related field or profession.
3.
Contents. The historic resource impact study shall contain, at a minimum, the following information in a form acceptable to the Township.
A.
Background Information.
(1)
Name of record owner.
(2)
Inventory number of all resources on the subject tract from the HRI and HRM.
(3)
Resource name as designated on the HRI.
(5)
A general site description, including topography, watercourses, vegetation, landscaping, existing drives, etc.
(6)
General description and classification (from HRI) of all resources located on tracts immediately adjacent to the subject tract or road, or within 200 feet of the subject property or tract.
(7)
Physical description of all Class I or II Historic Resources identified in subparagraph (2), above.
(8)
Statement of the significance of each Class I or II Historic Resource, both relative to the Township and region in general.
(9)
Sufficient number of black and white eight inch by ten inch photographs to show every resource identified in Subsection 1B, above, in its setting. Photographs shall also be submitted on an electronic or digital media acceptable to the Township. Photographs shall include, but not be limited to, every face or elevation view of the resource.
(10)
Narrative description of the historical development of the subject property or tract.
B.
Proposed Change.
(1)
General description of project, including timetable or phases.
(2)
Description of impact on each Class I or II Historic Resource identified in Subsection 1A, above, and the surrounding property or site, with regard to architectural integrity, historic setting, and future use.
(3)
General description of effect of noise and traffic and other impacts generated by the proposed change in each Class I or II Historic Resource.
C.
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.
§ 27-2812 Demolition of Historic Resources.
[Ord. 3-2005, 7/20/2005]
1.
Applicability of Demolition Permit Requirement.
A.
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.
B.
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:
(1)
Deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist.
(2)
Deterioration of exterior walls, roofs, chimneys, or windows; the lack of adequate waterproofing; or deterioration of interior features or foundations which will or could result in permanent damage or loss of exterior features.
(3)
Deterioration resulting from a building or structure having been left open or vulnerable to vandalism or decay by the elements. Unoccupied resources shall be tightly sealed and barred off and the utilities turned off for safety.
C.
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.
2.
Procedure for Obtaining Demolition Permit.
A.
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.
B.
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:
(1)
Owner of record.
(2)
Site plan showing all buildings and structures on the property.
(3)
Recent photographs of the resource proposed for demolition.
(4)
Reasons for the demolition.
(5)
Proposed method of demolition.
(6)
Intended future use of the site and of the materials from the demolished resource.
(7)
An historic resource impact study in accordance with the terms of this article.
C.
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:
(1)
The effect of demolition on the historical significance and architectural integrity of the resource in question and neighboring resources, if any.
(2)
Whether the applicant has demonstrated that he has considered all alternatives to demolition.
(3)
Economic feasibility of adaptive reuse of the resource proposed for demolition.
(4)
Whether the resource in its current condition presents a threat to public safety.
(5)
Whether the resource has been intentionally neglected.
(6)
Whether the retention of the resource would represent an unreasonable economic hardship on the applicant.
D.
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:
3.
Approval of Demolition Permit or Delay of Demolition by the Board of Supervisors.
A.
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.
B.
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.
4.
Delay of Demolition.
A.
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.
B.
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.
C.
Special Provisions for Class I Historic Resources.
(1)
Documentation of Class I Historic Resources. When prescribing the delay of demolition for a Class I Resource, the Board of Supervisors may require the applicant to provide additional or supplemental documentation of the resource proposed for demolition. Such documentation may include, as available: historical data, surveys, and other data provided by local, state, and federal historic preservation organizations and agencies; photographs; floor plans; measured drawings; archaeological surveys (if appropriate); and any other form of documentation recommended by the Historical Commission. Where necessary, the delay may continue beyond the stipulated 90 days until the applicant has sufficiently satisfied the documentation requirements.
(2)
In cases where the applicant specifically alleges that demolition of the resource is necessary due to undue economic hardship upon the applicant or the lack of a reasonable economic alternative, the Board of Supervisors may, during the period of delay, request that the applicant prepare and submit a financial analysis to the Board. When required, the financial analysis should include the following information, as applicable and available:
(a)
Amount paid for the property and present market value.
(b)
Date of purchase and party from whom purchased, including a description of the relationship, if any, whether business or familial, between the owner and the person from whom the property was purchased.
(c)
Assessed value of the land and improvements thereon according to the most recent assessment.
(d)
A pro forma financial statement prepared by an accountant or broker of record.
(e)
All appraisals obtained by the owner in connection with his purchase, financing or insuring of the property, or during his ownership of the property, if any.
(f)
Bona fide offers to sell or rent the property, the price requested and offers received, if any.
(g)
Any consideration by the owner as to profitable, adaptive uses for the property, and any other practical uses; incentives which could be offered by the Township to preserve the resource; and any input from local, state, or federal historic preservation and architectural organizations or agencies.
(h)
Where relevant, written estimates of the cost(s) of restoration and/or renovation from at least two professional restoration contractors.
(3)
Historical Commission Recommendation. At the commencement of the ninety-day delay period for Class I Resources, the Historical Commission shall review the application again and any further documentation requested by the Board of Supervisors at its next regular meeting. The Commission may recommend to the Board of Supervisors approval of the demolition permit or, where the Commission does not believe that the applicant has proven undue economic hardship or the lack of a reasonable alternative, recommend denial of the demolition permit. The Historical Commission shall communicate its recommendation in writing to the Board of Supervisors within 30 days after the commencement of the ninety-day delay period.
(4)
Approval or Denial of Demolition Permit for Class I Resources after Delay of Demolition.
(a)
At its next regular meeting after receiving the recommendation from the Historical Commission, or at a special meeting if necessary to comply with time limitations periods of this section, unless an extension of time has been granted by the applicant, the Board of Supervisors shall again consider the application, together with the recommendations of the Historical Commission and any further documentation which has been provided, and vote either to approve the application for the demolition permit as submitted or to approve the application subject to stated conditions or to deny the application.
(b)
Denial of Application. Where the Board acts to deny the application, a notice of denial shall be sent to the applicant indicating what changes in the plans and specifications, if any, would be sufficient to meet the standards of this article and allow the approval of the demolition permit.
(c)
Action by the Board of Supervisors, including appropriate notification to the applicant, shall occur prior to the expiration of the ninety-day delay period, or such other time as the applicant and Board of Supervisors may agree.
§ 27-2813 Violations and Penalties.
[Ord. 3-2005, 7/20/2005]
1.
The Township, through the Code Enforcement Department or agency charged by the Board of Supervisors with enforcement of the provisions of the Township Zoning Ordinance [this chapter] and/or the Township Building Code, shall review the progress and status of any change being made to a resource, and shall render such reports thereon to the Board and to the Historical Commission as may be necessary to assure compliance with the provisions of this article and/or any compliance with any conditions which may have been attached to any building permit, demolition permit, special exception, or conditional use approval, as well as compliance with all other applicable codes, rules and regulations of the Township.
2.
Any person who alters a resource in violation of the provisions of this article or in violation of any conditions or requirements specified in a permit issued under the terms of this article, or in violation of any special exception, conditional use approval or other applicable code, rule or regulation of the Township shall be required to restore the subject property and/or the resource involved to its condition prior to the violation. Such restoration shall be in addition to, and not in lieu of, any penalty, fine or remedy available under this article, any other Township code, rule or regulation or any other applicable law.
3.
The Township shall withhold issuing or withdraw/revoke any building permit, for a minimum of one year, for any property which, at the date of enactment of this article, was occupied by a resource that subsequently was demolished in violation of this article or in violation of any special exception, conditional use approval, permit or other applicable code, rule or regulation of the Township.
4.
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 resource(s) that subsequently was demolished in violation of this article, shall not be approved except upon conditions which include the satisfactory restoration of any such resources or upon the granting of appropriate demolition permit(s) in accordance with this article.
5.
Violation of this article shall also constitute a violation of the Township Subdivision and Land Development Ordinance [Chapter 22] as well as the Township Building Code. The Township, in addition to the foregoing remedies, may exercise any available legal or equitable remedy(ies) against the violator, whether or not the same are specifically set forth in this article. All remedies exercised by the Township hereunder shall be deemed to be cumulative and may be exercised independently or in conjunction with one another.