Thornbury Township Chester County
City Zoning Code
City Zoning Code
ARTICLE XIII
Historic Resources Protection
§ 155-1300 Purpose.
The purpose of this article is to promote and maintain Township community character through retaining historic resources and cultural landscapes, while allowing for their adaptive reuse and redevelopment into contemporary uses and allowing for nearby future development, which are compatible in type, mass, scale, density, and setbacks. This article is intended to implement the goals of the Pennsylvania Constitution, Article I, Section 27 that establishes the state policy of encouraging the preservation of historic resources, and to implement the purposes of Section 604(1) and Section 605(2)(vi) of the Municipalities Planning Code.[1] In addition, it is the intent of the Article to implement the Thornbury Township Comprehensive Plan, Thornbury Township Open Space, Recreation, and Environmental Resources Plan, and to achieve the applicable purposes and community development objectives as stated in Article I.
[1]
Editor's Note: 53 P.S. §§ 10604(1) and 10605(2)(vi).
§ 155-1301 Applicability.
A.
Historical preservation commission. The Thornbury Township Historical Preservation Commission is to serve as an advisory body to the Board of Supervisors, Planning Commission, Zoning Hearing Board, Zoning Officer, and residents. The formal duties and responsibilities; membership, organizational, and meeting structure; compensation and funding for the Historical Preservation Commission are established and regulated under Chapter 20.
B.
Historic resources map. Standards in this article shall apply to all historic resources identified on the Historic Resources Map (Map). A historic resources identification list that indicates classification, property address, and other applicable information about resources on the Map is maintained by the Historical Commission and updated as needed to reflect any changes in background information about resources; however any changes to classification, additions, or deletions to the list shall follow relevant provisions of § 155-2108 for zoning amendments.
C.
Relevancy. Provisions of this article shall supersede applicable requirements of zoning districts where a resource is located when such requirements are in conflict or are less restrictive than provisions herein.
§ 155-1302 General regulations.
A.
Inventory and map. The Historical Preservation Commission shall prepare an inventory of historic sites and structures. The Commission shall recommend a Historic Resources Map for adoption by the Board of Supervisors.
B.
Changes to resources. Any proposed exterior change or addition to an historic resource, other than maintenance or a minor alteration which does not change its character, shall occur only in full compliance with the terms of this article and other applicable regulations. The regulations of this article shall apply to the exterior of any historic resource, particularly that which is visible from a public way.
C.
Historic overlay concept.
(1)
For any property shown on the Historic Resources Map, the requirements and opportunities contained in this article shall augment the otherwise applicable requirements of the underlying zoning district.
(2)
Should the Historic Resources Map be voided 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.
D.
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.
§ 155-1303 Historic Resources Map.
A.
Classifications. The Historic Resources Map shall depict:
(1)
Sites listed on the National Register of Historic Places (registered historic structures).
(2)
Sites on the State Inventory of Historic Places.
(3)
Other significant sites on the Chester County Historic Site Survey (1982 or as revised) that are not on the National Register of Historic Places.
(5)
Any historic easement, including any as a part of the Brandywine Battlefield National Historic Site.
(6)
The historic Cheyney Cemetery, Cheyney Farm, and associated historic structures.
B.
Adoption and revisions. The Historic Resources Map shall be adopted and may be revised from time to time by legislative action of the Board of Supervisors, after a public hearing held pursuant to public notice, subject to the following guidelines:
(1)
In considering any revision, including additions, deletions or changes of classification to the Historic Resources Map, the Board shall receive a written recommendation from the Historical Preservation Commission.
(2)
The owner(s) of any property(ies) which is the subject of any such proposed map change or other administrative action shall be given written notice of the Commission's recommendation to the Board of Supervisors at least 21 days prior to public hearing on the proposed action.
C.
Inventory of historic resources. The Historical Preservation Commission shall maintain an updated inventory of resources shown on the Historic Resources Map.
§ 155-1304 Historic Battlefield Overlay District.
A.
Purpose. The purpose of the Historic Battlefield Overlay District is to implement a program for historic site and historic resource protection which relates directly to the Brandywine Battlefield Park National Historic Landmark as certified and included in the National Register of Historic Places on November 28, 1978, by the U.S. Department of the Interior National Park Service. Specifically, the Historic Battlefield Overlay District is created for the following purposes:
(1)
To protect those historic resources in the designated portion of Thornbury Township which have a distinctive historical character arising from the direct connection with the Battle of the Brandywine.
(2)
To awaken or reinforce in the residents of Thornbury Township an interest in its historic past.
(3)
To promote educational, recreational and cultural activities within the Township which advance the principles and goals of community development and the recommendations set forth in the Comprehensive Plan, as amended.
(4)
To encourage owners of land within the Historic Battlefield Overlay District to leave such land in its natural state by giving them incentives to develop more intensely their property outside of the Historic Battlefield Overlay District.
B.
District boundaries. The boundaries of the Historic Battlefield Overlay District shall be as appears on the Historic Battlefield Overlay District Map.
C.
Permitted uses. The uses in the Historic Battlefield Overlay District shall be limited to such uses as are permitted by the respective underlying zoning regulations.
D.
Qualifying conditions. The following conditions are required for a development utilizing the provisions of the Historic Battlefield Overlay District:
(1)
The tract of land so developed shall be in single ownership, or, in the case of multiple ownership of the tract, the application shall be filed jointly by all the owners of the tract and, as the case may be, it shall be agreed that the tract will be developed within the time limits specified by the Board of Supervisors under a single direction and in the manner approved.
(2)
The holder or holders of any outstanding mortgage and any other liens (except a lien for current taxes) must agree, in writing, that said mortgage, mortgages or lien shall be subject to all of the terms and conditions imposed upon the tract by reason of the utilization of the Historic Battlefield Overlay.
E.
Density. Development of land within the Historic Battlefield Overlay District shall be subject to the following density regulations:
(1)
Overall density. A plan may not provide for a greater number of dwelling units per acre than would be permitted by the Township zoning regulations otherwise applicable to the site.
(2)
Residential density. A plan may permit lots of not less than 50,000 square feet each, subject to the following conditions:
(a)
Each lot shall have frontage on a publicly opened street and shall have at least 175 feet of frontage measured at the setback line, except in the case of a cul-de-sac street where a lot fronting solely or partially on the turnaround portion shall have frontage measured at the setback line of at least 125 feet.
(b)
No flag lots may be created.
(c)
Open space of at least 30% of the site shall be set aside as common open space. Such open space shall conform as closely as possible to the boundaries of the Historic Battlefield Overlay District.
(d)
The owner's right to develop shall be subject to the provisions of § 155-1304F(3) of this article relating to transfer of development rights.
(3)
Density verification. In order to verify that properties being subdivided pursuant to the Historic Battlefield Overlay do not provide for a greater density than that which would be permitted by the Township zoning regulations otherwise applicable to the site, any developer intending to utilize the provisions of the Historic Battlefield Overlay District shall submit to the Township Planning Commission and the Board of Supervisors such plans as are necessary to confirm that the provisions hereof are not violated.
F.
Development regulations.
(1)
Where buildings exist within a parcel of ground to be developed and such parcel lies partially in Thornbury Township and partially in an adjoining Township, the plan may show a lot to be created into the adjoining Township, provided that such lot meets all area and bulk requirements applicable thereto for that portion of the lot subject to this chapter, and provided further that the portion of the premises which is not in Thornbury Township is deed restricted in a manner which would prevent its further subdivision, unless such further subdivision resulted in a lot which continued to meet the then-current requirements of this chapter.
(2)
The area of an owner's land within the Historic Battlefield Overlay District may be added to owner's contiguous land which is not within the Historic Battlefield Overlay District for purposes of determining tract size eligibility for a PRD under Article VII. If a portion of land eligible for development as a PRD lies within the Historic Battlefield Overlay District, that land shall be used for the required common open space of the planned residential development to the fullest extent possible.
(3)
In lieu of the development within the Historic Battlefield Overlay District permitted by § 155-1304E of this article, the Board of Supervisors shall have the right, in their sole discretion, to require that any development of land within the Historic Battlefield Overlay District to which an owner is entitled in accordance with this chapter shall be reduced in density or shall not be permitted at all, to the extent the owner has sufficient contiguous land to permit the transfer of some or all of those development rights to the owner's property which lies outside of the Historic Battlefield Overlay District. In exercising this discretion, the Board of Supervisors shall be guided by the following standards:
(a)
The lot size required by the zoning regulations of that portion of the owner's land lying outside of the Historic Battlefield Overlay District may be reduced by up to 37.5% to compensate for the loss of development rights within the Historic Battlefield Overlay District portion of the owner's land. However, in no case shall the owner be entitled to reduce lot sizes in his contiguous property beyond the degree necessary to compensate for the loss of development rights within that portion of his property lying within the Historic Battlefield Overlay District; and in no case shall the number of lots on the owner's contiguous property be greater than the total to which he would be entitled to had all of his property been eligible for development in the absence of the Historic Battlefield Overlay District.
(b)
In order to qualify for the transfer of the development rights of property within the Historic Battlefield Overlay District to the other property of an owner, such property must be contiguous to the property within the Historic Battlefield Overlay District or separated therefrom only by an existing street; and it must be in common and single ownership with the property within the Historic Battlefield Overlay District.
(c)
The development of the owner's contiguous property shall be subject to all other applicable regulations of the zoning district in which it is located.
(d)
The owner shall execute a restrictive covenant, suitable for recording and subject to the approval of the Township Solicitor, by which the land within the Historic Battlefield Overlay District shall be restricted perpetually against further development and subdivision where the development rights of that property have been transferred in accordance with the provisions hereof.
§ 155-1305 Demolition of historic resources.
A.
No historic resource may be demolished unless the applicant obtains a permit and complies with the following:
(1)
Prohibition of neglect. No historic resource shall be demolished by neglect. Demolition by neglect includes leaving a building or structure open or vulnerable to vandalism or decay by the elements. Unoccupied structures should be tightly sealed, properly ventilated and adequately protected from damage.
(2)
Demolition permit. No historic resource shall be demolished, in whole or in part, including the indiscriminate removal or stripping of any significant exterior or interior architectural features, unless a permit is obtained from the Zoning Officer in accordance with the procedures of Thornbury Township.
(3)
Proposed demolition of historic resources. All applications for demolitions received by the Zoning Officer will be reviewed against the Historic Resources Map. If the application concerns an historic resource, the Zoning Officer will advise the applicant that he must comply with the following procedures and requirements, as applicable.
B.
Application requirements for a permit for the demolition of historic resources. In addition to any other applicable requirements under Township ordinances, any applicant seeking a permit to demolish an historic resource shall provide a written report on the following, with respect to that historic resource:
(1)
Current owner of record.
(2)
Identification and description as it appears on the Historic Resources Map.
(3)
Site plan showing all buildings and structures on the property.
(4)
Recent photographs of the resource proposed for demolition.
(5)
Reasons for the demolition.
(6)
Method of demolition.
(7)
Future uses of the site and of the materials from the resource which is proposed to be demolished.
(8)
Alternatives to demolition.
C.
Review of demolition permit.
(1)
The Zoning Officer shall notify the Historical Preservation Commission of the application for demolition within five days of acceptance of a properly completed application, including the necessary filing fee.
(2)
Within 45 days of receipt of a complete application, at its next regular meeting or a special meeting, the Historical Preservation Commission shall meet to review the application for demolition. The applicant will be notified of the meeting and encouraged to present evidence or testimony pertaining to the demolition. In reviewing the application, the Historical Preservation Commission shall take into account:
(3)
Recommendation of the Historical Preservation Commission.
(a)
The Historical Preservation Commission may recommend immediate approval of the permit and may so advise the Zoning Officer.
(b)
Alternatively, the Historical Preservation Commission may elect to review the application for a period of up to 90 days in order to provide adequate time for documentation of the resource as set forth in this section, preparation of a financial analysis as set forth in this section, and discussion with the applicant about alternatives to demolition.
(c)
By the end of the ninety-day review period, the Historical Preservation Commission shall either recommend approval or denial of the demolition permit. If approved, the Zoning Officer then is authorized to issue the permit in accordance with Township ordinances.
(d)
If denied, the Historical Preservation Commission shall make a written report to the Board of Supervisors setting forth reasons for its recommendation and the evidence considered.
(4)
Final decision on demolitions. Within 30 days of receipt of the Historical Preservation Commission's report, the Board of Supervisors shall consider the Historical Preservation Commission's recommendation for denial of the application for demolition. The owner of the resource proposed for demolition will be given a minimum of 14 days' notice of the meeting. The Board of Supervisors will consider any evidence, reports, or testimony from interested parties and will render a decision either to deny or to approve the application for demolition within 21 days of the meeting. This period may be extended, and its length established, by mutual consent.
(5)
Documentation. Prior to the issuance of a demolition permit, the Historical Preservation Commission may require the applicant to provide documentation of the resource proposed for demolition. Such documentation may include photographs, floor plans, measured drawings, and other comparable forms of documentation stipulated by the Historical Preservation Commission.
(6)
Financial analysis. In its review of an application for demolition, the Historical Preservation Commission may require the applicant to prepare a financial analysis which may include any or all of the following:
(a)
Amount paid for property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased.
(b)
Assessed value of the land and improvements thereon according to the most recent assessment.
(c)
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.
(d)
Any consideration by the owner as to profitable, adaptive uses for the property.
(7)
Any costs incurred by the Historical Preservation Commission to review plans or studies submitted shall be reimbursed to the Township by the applicant.
§ 155-1306 Review of proposed rehabilitation, enlargement, or alteration of buildings, structures, or sites.
A.
Permits. No permit for the rehabilitation, enlargement, or alteration of an historic resource (other than a minor alteration) shall be issued by the Zoning Officer prior to review and comment on the application by the Historical Preservation Commission. A minor alteration is one that does not change the defining characteristics of the historic resource.
B.
Zoning Officer. The Zoning Officer shall forward to the Historical Preservation Commission copies of the application, together with any plans or diagrams required by the ordinances, within five days of receipt of a complete application.
C.
Historical Preservation Commission review. The Historical Preservation Commission shall, within 45 days of receipt of a complete application from the Zoning Officer, review the plans for compliance with the standards contained in § 155-1308, and prepare a written report to the Zoning Officer, with a copy to be sent to the applicant, indicating whether the plans are in compliance. The report shall make suggestions, if necessary, as to what specific changes in the plans would bring them into compliance.
D.
Issuance of permits.
(1)
If the Historical Preservation Commission's report indicates that the plans are not in compliance with the terms of this article, the Zoning Officer shall not issue the permit until the applicant has met with the Historical Preservation Commission to discuss their plans and alternatives to the plans. This meeting shall be held within 30 days of the Historical Preservation Commission report. The purpose of the meeting shall be to reach mutual agreement on the proposed change. If no agreement is reached, the Historical Preservation Commission may send the matter to the Board of Supervisors.
(2)
Upon receiving a report of substantial compliance from the Historical Preservation Commission, and providing the plans satisfy all other requirements of the Township, the Zoning Officer shall issue the permit.
§ 155-1307 Development requiring historic resource impact study.
A.
A Historic Resource Impact Study shall be required, when any of the following are proposed:
(1)
Subdivision or land development plans which will lead to the new construction of buildings, structures, roads, driveways, parking areas, etc., located within 300 feet of the exterior walls of an historic resource.
(2)
Subdivision or land development plans which propose adaptive reuse or demolition of a historic resource.
(3)
General bridge or road construction or substantial repair passing within 300 feet of the exterior walls of an historic resource.
B.
The Historic Resource Impact Study shall be prepared and presented by the applicant or their agent for discussion at a meeting of the Historical Preservation Commission.
C.
The Historic Resource Impact Study shall at a minimum contain the following information:
(1)
Background information.
(a)
If not otherwise provided by the applicant, a general site description, including existing topography, watercourses, vegetation, landscaping, and structures.
(b)
Any easements, deed restrictions, rights-of-way, or any other encumbrances upon the land, including location, size, and ownership.
(c)
Site features or conditions, such as hazardous sites, dumps, underground tanks, active and abandoned wells, quarries, landfills, and artificial land conditions.
(d)
General description and classification of all historic resources located on the subject tract on tracts immediately adjacent to the subject tract, or within 300 feet of the subject tract.
(e)
Narrative description of the historical development of the subject tract and statement of the historic and architectural significance of each historic resource, both relative to the Township and the region in general.
(f)
Physical description of all historic resources identified on the subject tract.
(g)
Photographs (minimum size of four inches by six inches) illustrating the architectural features of each historic resource as well as site features.
(h)
Proposed change:
[1]
A description of the impact of the proposed development on each identified historic resource, with special emphasis on the impact to architectural integrity, historic setting, and future use.
[2]
A description of those measures to be undertaken by the developer to minimize the negative impact on the historic resources, including design alternatives, buffering or landscaping.
(i)
Post-study review. The Historical Commission may review the impact study, then submit it along with written recommendations to the Planning Commission or Board of Supervisors before the Board makes a decision regarding the subdivision or land development plan.
(2)
Proposed change.
(a)
General description of the project, including time table or phases.
(b)
Description of impact on each historic resource identified on the subject tract with respect to architectural integrity, historic setting and future use.
(d)
General description of effect of noise, traffic, and any other impacts generated by the proposed change on each historic resource.
(3)
Mitigation measures.
(a)
Recommendations for mitigating the project's impact on historic resources, including siting design and construction alternatives, buffering and landscaping, based on the specific site environment, and any other appropriate measures under the terms of this zoning ordinance and other Township ordinances.
(b)
Recommendations for mitigating the project's impact as viewed from a public way.
D.
The study shall be reviewed by the Historical Preservation Commission, which shall set forth its recommendations, in writing, to the Board of Supervisors within 45 days of receipt of a conditional use application or 60 days of receipt of an application for subdivision or land development.
§ 155-1308 Standards for rehabilitation.
A.
Standards for rehabilitation. Any proposed rehabilitation, enlargement or alteration of an historic resource under § 155-1306 should be in substantial compliance with the following general standards for rehabilitation (credit: the United States Department of the Interior):
(1)
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(2)
A property shall be used for its historic purpose or be placed in a use that requires minimal change to the defining characteristics of the building and its site and environment.
(3)
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features or spaces that characterize a property shall be avoided.
(4)
Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
(5)
Most properties change over time; those changes that have acquired significance in their own right shall be retained and preserved.
(6)
Distinctive features, finishes, and construction techniques or examples of craftsmanship which characterize an historic property shall be preserved.
(7)
Deteriorated historical features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
(8)
Chemical or physical treatments that cause damage to historical materials (such as sandblasting) shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(9)
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(10)
New additions and adjacent or related new construction to structures shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
B.
Compliance. Determination of compliance with these standards shall be made by written report of the Historical Preservation Commission.
§ 155-1309 Use regulations.
A.
The use regulations for any historic resource shall be in accordance with those set forth in the Chapter, as amended, relative to the district in which the historic resource is located, except as provided below.
B.
Any historic residence, structure, or resource, as shown on the Historic Resources Map, may incorporate a bed-and-breakfast, which shall be permitted as a conditional use when authorized by the Board of Supervisors in accordance with the standards and procedures set forth in § 155-2105 for the grant of a conditional use, subject to the standards set forth under § 155-1603.
§ 155-1310 Area and bulk regulations.
The area and bulk regulations related to the district in which the historic resource is located shall apply, except as follows:
A.
Since many of the historic buildings predate zoning regulations, particularly with regard to front yard setbacks, existing nonconformities may be permitted to continue, in order to maintain the historical integrity of such buildings.
§ 155-1311 Enforcement.
Any person who violates the provisions of this article shall be subject to all of the applicable provisions relating to enforcement under § 155-2107.