Upland City Zoning Code
ARTICLE VI
Historic Preservation Overlay
§ 185-600 Purpose.
A.
The purpose of this overlay is to protect historic resources within Upland Borough. Upland Borough is nationally significant as the location of the 1683 Caleb Pusey House and Landingford Plantation. In addition, the Borough has a rich heritage of early Quaker settlement, Crozer family industrial development, and venerable historic buildings contained on the campus of the Crozer-Chester Medical Center and throughout the Borough.
B.
It is hereby declared as a matter of public policy that the preservation and protection of historic resources in Upland Borough is a public necessity and is in the interest of the health, prosperity and welfare of the citizens of Upland Borough.
§ 185-601 Definitions.
A.
For the purpose of this overlay, all words used in the present tense include the future tense. All words in the plural include the singular, unless the natural construction of the word clearly indicates otherwise. The word "shall" is mandatory. The word "used" includes "designated, intended, built, or arranged to be used."
B.
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE APPROVAL
The issuance of a building or zoning permit by the Zoning or Codes Administrator for minor changes to the exterior of buildings or structures listed in the Historic Sites Survey of 1983, comprised of replacement in kind or minor repairs that do not substantially alter the exterior appearances of a building listed in the Historic Resource Inventory.
ALTERATION
Any act or process requiring a building permit and any other act or process not requiring a building permit but specifically listed in this article as a reviewable action, including, without limitation, the repair, replacement, reconstruction, demolition or relocation of any structure or object or any part of a structure which is visible from the public way.
BUILDING
Any enclosed or open structure that is a combination of materials to form a construction for occupancy and/or use for human or animal habitation and is permanently affixed to the land, including manufactured homes.
CLASS I
Buildings, structures or districts located in the most recently adopted Historic Resource Inventory for Upland Borough and listed in or determined eligible to be listed in the National Register of Historic Places.
CLASS II
Buildings, structures, or sites located in the most recently adopted Historic Resource Inventory for Upland Borough that have local historical, architectural and/or archaeological significance.
CLASS III
Buildings or structures located in the most recently adopted Historic Resource Inventory for Upland Borough that are 50 years or older and not included in Class I or Class II.
COMPLETED APPLICATION
A completed permit or zoning application is an application that conforms to the submittal criteria for specific projects listed or eligible to the Historic Resource Inventory as determined by the Historical Commission.
DEMOLITION
The dismantling or tearing down of all or part of any building and all operations incidental thereto, including neglecting routine maintenance and repairs that can lead to deterioration and decay.
DEMOLITION BY NEGLECT
The absence of routine maintenance and repair that can lead to a building's or structure's structural weakness, decay and deterioration, resulting in its demolition.
ERECTION
The result of construction, such as a building, structure, monument, sign, or object on the ground or on a structure or building.
HISTORICAL COMMISSION (HC)
The body that advises the Upland Borough Council, Planning Commission, or Zoning Hearing Board on any requests for authorization to erect, alter, reconstruct, repair, restore, or demolish all or part of any building listed in the Historic Resource Inventory.
HISTORIC RESOURCE IMPACT STUDY
A study which contains a general site description of the project and its impact on historic resources, with regard to architectural integrity, historic setting, and proposed use, including whether the proposed project is in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. The study shall include topographical information, watercourses, vegetation, landscaping, and buildings and structures; a description of and classification of all historic and prehistoric resources located on the subject tract, or tracts immediately adjacent to the subject tract or road, or within 100 feet of the subject tract or road; and a physical and architectural description, including historical background of said resources and a sufficient number of black-and-white, color or digital four-by-six-inch photographs of all historic resources.
HISTORIC RESOURCE INVENTORY
The most recently adopted version of the Upland Borough Historic Sites Survey.
HISTORIC RESOURCE OVERLAY
An official list comprised of Class I, Class II, or Class III historic resources regulated by this article.
RECONSTRUCTION
The act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time, but not necessarily of original material.
SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES WITH GUIDELINES FOR PRESERVING, REHABILITATING, RESTORING AND RECONSTRUCTING HISTORIC BUILDINGS
Standards and guidelines promulgated by the National Park Service.
STRUCTURE
Anything constructed or erected, having a permanent or semipermanent location on another structure or in the ground, including, without limitation, buildings, sheds, manufactured homes, garages, fences, gazebos, freestanding signs, billboards, antennas, satellite sending or receiving dishes, vending machines, decks, and swimming pools.
§ 185-602 Classification of historic resources.
Historic resources within Upland Borough are classified as Class I, Class II or Class III, as defined in § 185-601. All Class I, Class II and Class III historic resources shall be included on the Upland Borough Inventory of Historic Resources.
§ 185-603 Procedure for change of classification.
A.
Any building, outbuilding, site, structure, roadway, object, district or a complex of the same (resource) may be proposed for addition to or removal from the Inventory of Historic Resources or for a change in classification (Class I, Class II, or Class III) by:
(1)
The owner of such resource.
(2)
The Upland Borough Historical Commission (Historical Commission).
(3)
The Borough Council.
(4)
Notice from the designating organization (Pennsylvania Historical and Museum Commission or National Register) that the historic resource qualifies as a Class I historic resource or no longer meets the criteria upon which its classification was originally based.
B.
All proposals for addition to or removal from the Inventory of Historic Resources or for a change in classification (Class I, Class II or Class III) shall be referred to the Historical Commission. The Historical Commission shall hold a public meeting following written notice sent to the owner(s) of the resource affected. The Historical Commission shall consider oral testimony and/or documentary evidence regarding the proposal at the public meeting, which may be continued from time to time. The Historical Commission shall present a written report to the Borough Council within 30 days following the close of testimony at the public meetings on the proposal, which report shall state the Commission's recommendations regarding the subject proposal, together with the grounds therefor.
C.
After receiving the recommendations of the Historical Commission, the Borough Council may from time to time, by resolution, add or delete resources to or from the Inventory of Historic Resources or change the classification of an historic resource. The owner of the affected historic resource shall be given at least 10 days' prior written notice of the meeting of the Borough Council where the Council will consider such action.
§ 185-604 Historical Commission.
There shall be a Historical Commission as set down in Chapter 15, Historical Commission, of the Codified Ordinances of the Borough of Upland, adopted on October 13, 2009, by Ordinance No. 5-2009.
§ 185-605 Demolition, alteration or modification of historic resources.
A.
Compliance.
(1)
Any demolition, alteration or modification of a Class I, Class II or Class III historic resource which is listed on the Inventory of Historic Resources shall occur only in full compliance with the terms of this article and other applicable regulations.
B.
Permit requirements.
(1)
No Class I historic resources shall be demolished, altered or modified, in whole or substantial part, including the indiscriminate removal or stripping of any significant exterior architectural features, unless the proposed demolition, alteration or modification has been approved by the Upland Borough Council and a demolition permit is obtained from the Building Code Official in accordance with the requirements of § 185-605H and other applicable standards and procedures of the Borough Building and Fire Codes.
(2)
No Class II or Class III historic resource shall be demolished unless the proposed demolition has been approved by the Upland Borough Council and a demolition permit is obtained from the Building Code Official.
(3)
No Class II or Class III historic resources shall be altered or modified in whole or substantial part, including the indiscriminate removal or stripping of any significant exterior architectural features, until a review and advisory recommendation from the Upland Borough Historical Commission has been issued and a zoning and/or building permit received from the Building Code Official, when required.
C.
Application for building or demolition permit.
(1)
In addition to applicable requirements under the Borough Building and Fire Codes, an applicant seeking a permit to demolish, modify or alter a Class I, Class II or Class III historic resource shall submit an application for a demolition and/or building permit on forms supplied by the Borough. The application shall include the following information with regard to the historic resource which is proposed to be demolished:
(a)
Owner of record.
(b)
Location upon the Historic Sites Survey Map and documentation regarding whether the historic resource is a Class I, Class II or Class III historic resource.
(c)
Site plan showing all buildings and structures on the property where the historic resource is located.
(d)
Recent photographs of the resource proposed for demolition, alteration or modification.
(e)
Reasons for the demolition, alteration or modification.
(f)
Method of demolition, alteration or modification.
(g)
Future uses of the site and the materials recovered from the demolished resource.
(h)
Names and addresses of all property owners within a one-hundred-foot radius of the property on which the historic resource is located.
D.
Proposed demolition, alteration or modification of historic resources.
(1)
The Building Code Official will review all applications for demolition or building permits and confirm that the application concerns a Class I, Class II or Class III historic resource. If the application proposes to demolish, alter or modify a Class I, Class II or Class III historic resource, the Building Code Official will advise the applicant that he must comply with the procedures and requirements set forth in this article.
E.
Notice requirements.
(1)
Prior to the Historical Commission's meeting at which the applicant's application for demolition of a Class I, II and/or III resource will be considered, the applicant shall forward a notice to all property owners within a one-hundred-foot radius of the property line by certified mail, return receipt requested. This notice shall include the tax parcel number on which the historic resource is located, the name of the resource if one exists, and the scheduled meeting date and time when the Historical Commission will review and accept public comment on the application.
F.
Review by the Upland Borough Historical Commission.
(1)
The Building Code Official shall notify the Historical Commission of the application for a demolition or building permit for a Class I, II or II historic resource within five days of acceptance of a properly completed application, including the necessary filing fee. Within 30 days of the date of receipt of the application, at its regular or a special meeting, the Historical Commission shall consider the application for demolition, alteration or modification. The applicant shall be notified of the meeting and encouraged to present written and photographic evidence or testimony pertaining to the demolition, alteration or modification. In reviewing the application for a demolition and/or building permit, the applicant may present evidence with regard to, and the Historical Commission shall consider, the following criteria:
(a)
The effect of demolition, alteration or modification on the historical significance and architectural integrity of neighboring historic resources.
(b)
The feasibility of adaptively reusing the resource proposed for demolition, alteration or modification.
(c)
All practical alternatives to demolition, modification or alteration of the resource, including relocation of the structure or sale thereof or of the property on which the same is located.
(d)
Any expert testimony, such as a certified engineering report regarding the structural stability of the resource, documenting threats to public safety.
(e)
The archaeological potential of the site.
(f)
Cogent public comment regarding the resource or surrounding historic resources which may be impacted by the proposed demolition, alteration or modification, including, without limitation, information in response to that submitted by the applicant.
(g)
Economic feasibility of adaptive reuse of the resource for demolition, alteration or modification.
(h)
Whether the resource in its current condition presents an imminent threat to public safety.
(i)
Whether the resource has been demolished by neglect or the owner thereof has otherwise created or contributed to the state of the resource and/or any financial hardship associated with the preservation, rehabilitation or retention thereof.
(j)
Whether the required retention of the resource would represent an unreasonable economic hardship and/or whether the historic resource can be so preserved, rehabilitated and/or retained, as applicable, so as to allow a reasonable rate of return from the operation of the resource and/or the property on which the same is located.
G.
Recommendation by the Historical Commission.
(1)
The Commission will make a recommendation to the Borough Council regarding the disposition of an application for the proposed demolition of a Class I, II or III historic resource and the alteration or modification of a Class I, II or III resource.
(2)
Time periods for discussion.
(a)
The Commission may elect to use the following time periods to provide adequate opportunity for documentation of the historic resource as set forth in Subsection H(3) below, preparation of a financial analysis as described in Subsection H(4) below, or dialogue with the applicant on alternatives to demolition, alteration or modification:
[1]
Class I historic resources: a maximum of 90 days from the date the Borough receives a complete application for a demolition and/or building permit.
[2]
Class II historic resources: a maximum of 60 days from the date the Borough receives a complete application for a demolition and/or building permit.
[3]
Class III historic resources: a maximum of 60 days from the date the Borough receives a complete application for a demolition and/or building permit.
(b)
Upon or prior to the expiration of the time periods provided above, the Historical Commission shall recommend to the Borough Council either approval or denial of a demolition permit application for a Class I, II or III historic resource or a building permit for the alteration or modification of a Class I, II or III historic resource. In the case of the former, the Historical Commission shall communicate its recommendation(s) to the Borough Council in a written report which specifically addresses the items set forth in § 185-605F above to the Borough Council, either recommending approval of the application as submitted, recommending approval of the application with conditions, or recommending denial of the application.
H.
Borough Council meeting.
(1)
Consideration.
(a)
Within 30 days after receiving the recommendation from the Historical Commission regarding an application for the demolition of Class I, II or III historic resources and alteration or modification of Class I, the Borough Council shall consider the application for demolition, alteration or modification at a public meeting and shall consider the criteria set forth in Subsection F of this section and shall vote either to approve the application, approve the application with conditions, or deny the application. The applicant shall be notified of the meeting at least 10 days prior to its date, at which time the applicant shall have the right to present evidence in support of the application.
(b)
The Borough Council will consider any evidence, reports or testimony from interested parties and will render a final decision either to deny or approve the demolition within 30 days of the public meeting where the application for demolition is considered. This period may be extended by consent of the applicant. The Borough Council may, at its election, deny the application or approve the same with conditions if the Borough Council shall determine that the applicant shall have failed to present substantial evidence with regard to the criteria set forth in Subsection F of this section or that, based on such criteria, demolition of the resource will be contrary to the purposes of this article.
(2)
Issuance or denial of demolition. Where the Borough Council acts to either approve or deny the demolition permit application, it shall authorize the Building Code Official to either issue the permit or give written notice of denial, as applicable. Where the approval is authorized to be granted with conditions attached, the Building Code Official shall be authorized to issue the permit upon his receipt from the applicant of his written acceptance of those conditions; otherwise, the permit shall be denied.
(3)
Documentation. Prior to the issuance of a demolition and/or building permit, the Historical Commission or the Borough Council may require the applicant to provide documentation of the Class I resource proposed for demolition, alteration and/or modification. Such documentation may include photographs, floor plans, measured drawings, archaeological surveys, and other comparable forms of documentation.
(4)
Financial analysis. In its review of an application to demolish a Class I historic resource and so as to allow the Historical Commission to analyze the application's compliance with the criteria set forth in Subsection F of this section, the Historical Commission or the Borough Council may, at the Historical Commission's and/or the Borough Council's election, require the applicant to prepare a financial analysis which shall include an analysis of the cost to renovate, rehabilitate, restore or adaptively reuse the historic resource and the profitability of adaptive reuses of the historic resource.
§ 185-606 Violations and penalties and enforcement.
Any person who violates the terms of this article shall be subject to the enforcement procedures, fines and penalties provided for in Article XXIII as well as applicable enforcement procedures, fines and penalties provided for in Chapter 60 of the Upland Borough Code governing building construction. In addition:
A.
In the event that any person demolishes, alters or modifies an historic 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 suffers or permits the same, the Borough Council may institute any proceeding, at law or in equity, necessary to enforce the provisions of this article, including, but not limited to, an action to compel the reconstruction and/or restoration of the historic resource to its condition and appearance as existed immediately prior to the violation. Such restoration shall be in addition to, and not in lieu of, any penalty or remedy available under this article or any other applicable law.
B.
In the event that the Borough Council authorizes the commencement of an action pursuant to § 185-607A(1), the Zoning Officer or Building Code Official 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 demolished, altered or modified 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.
C.
In addition to, and not in lieu of, the foregoing, the Building Code Official, as applicable, shall issue a stop-work order with regard to any demolition, alteration and/or modification of an historic resource for which a permit has not been obtained pursuant to this article.
§ 185-607 Subdivision and land development.
A.
Landscaping and screening.
(1)
A landscape plan shall be required for subdivision or land development applications, special exception or variance applications which involve: a tract of land which is itself designated as a Class I, Class II or Class III historic resource; a tract of land which contains a Class I, Class II or Class III historic resource; or a tract of land whose property lines are within 100 feet of a Class I historic resource. The plan shall be submitted to the Historical Commission for review and comment based on the general purposes and objectives of this article prior to the respective hearing or meeting before the Borough Council or Zoning Hearing Board. The landscape plan shall be prepared in accordance with the following standards:
(a)
There shall be a minimum building setback of 100 feet from any Class I historic resource for any new buildings or structures. This minimum setback requirement may be reduced at the discretion of the Borough Council if it can be demonstrated to the satisfaction of the Borough Council that the historic resource can be adequately protected through existing or proposed landscaping, topography, architectural controls, or other features.
(b)
The applicant shall demonstrate preservation of sufficient landscaped or buffer area surrounding Class I, Class II or Class III historic resources to retain the integrity of the historical landscape setting. The applicant shall also demonstrate mitigation of any impacts to the historical landscape setting through plans showing the introduction of vegetation or other screening in harmony with such landscape setting and through retention of view lines which visually link historic structures to their landscape setting.
(c)
The landscape plan shall be prepared by a registered landscape architect and shall strive to minimize the impact of the proposed development on the historic resource through screening, buffering, building locations and orientations, and plant material selection. The plan shall strive to save mature trees within the development and utilize native species. The landscape plan shall show all pertinent information, including the location, sizes, and species of all individual trees and shrubs to be removed, planted, or preserved.
(d)
Provisions of this section shall not be construed to conflict with or override any of the provisions of the County Subdivision and Land Development Ordinance.
B.
Historic resource impact study.
(1)
Applicability.
(a)
An historic resource impact study (HRIS) shall be submitted to the Borough, unless waived or modified by the Borough Council:
[1]
As part of a preliminary plan submission for any subdivision or land development application which proposes new construction of buildings, structures, roads, driveways, parking areas, or other land disturbance within 100 feet of the property line of a property upon which is situated a Class I historic resource.
[2]
As part of a preliminary plan submission for any subdivision or land development application which proposes adaptive reuse or demolition, alteration or modification of a Class I, Class II or Class III historic resource.
(2)
Contents.
(a)
The HRIS shall be prepared by a qualified professional in historic preservation, historical architecture, planning, or related disciplines and shall contain the following information, unless waived or modified by the Borough Council:
[1]
Background information:
[a]
If not otherwise provided by the applicant, a general description of the site subject to the application, including topography, watercourses, vegetation, landscaping, existing drives, etc.
[b]
General description and classification of all historic resources located within 250 feet of any proposed land development or land disturbance.
[c]
Physical description of all historic resources.
[d]
Narrative description of the historical significance of each historic resource, relative to both the Borough and to the region in general.
[e]
Sufficient number of black-and-white, color or digital four-by-six-inch photographs to show each historic resource in its setting.
[2]
Assessment of potential impacts to historic resources:
[a]
Description of potential impact(s) to each historic resource with regard to architectural integrity, historic setting, and future use.
[3]
Mitigation measures:
[a]
Suggested approaches to mitigate potentially negative impacts to historic resources, including design alternatives, buffering, landscaping, conservation of existing vegetation, and any other appropriate measures permitted under the terms of this chapter and other Borough ordinances.
(3)
The HRIS will be reviewed by the Historical Commission.
(a)
Prior to the issuance of preliminary plan approval for a subdivision or land development, the Historical Commission shall set forth its evaluation and recommendations concerning the impact of the proposed development or subdivision upon the historic resource in a written report to the Borough Council. The Borough Council shall consider such report in its decision approving or denying the land development or subdivision.
§ 185-608 Changes to historical resources.
Any additions, alterations, renovations, rehabilitation, preservation, reconstruction, restoration, stabilization or improvements to a Class I, Class II or Class III historic resource shall be in substantial compliance with the Secretary of the United States Department of the Interior's Standards for Rehabilitation.
A.
Every reasonable effort should 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.
B.
The distinguishing original qualities or character of a building, structure, or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
C.
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 appearance should be discouraged.
D.
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 historic significance in their own right, and this significance should be recognized and respected.
E.
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site should be treated with sensitivity.
F.
Deteriorated architectural features should be repaired rather than replaced, whenever 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 historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings and structures.
G.
The surface cleaning of structures should be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials should not be undertaken.
H.
Every reasonable effort should be made to protect and preserve archaeological resources affected by or adjacent to any project.
I.
Contemporary design for alterations and additions to existing properties should 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.
J.
New additions or alterations to structures should be done in such a manner that if such alterations and additions were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
