West Vincent Township
City Zoning Code
City Zoning Code
ARTICLE XXV
Historic Preservation Overlay District
§ 390-185 Intended purposes.
A.
To promote the general welfare by protecting the integrity of the historic resources of the Township of West Vincent.
B.
To establish a clear process by which proposed changes affecting historic resources are reviewed by the West Vincent Township Historical Commission or, where a historic commission has not been appointed, the Environmental Advisory Council acting as the Historic Commission (hereinafter the "Historic Commission") and the Board of Supervisors.
C.
To mitigate the negative effects of proposed changes on historic resources.
D.
To encourage the continued use of historic resources and facilitate their appropriate reuse.
E.
To tailor protective measures to those clearly delineated historic resources in West Vincent worthy of preservation.
F.
To encourage the preservation of historic settings and landscapes.
G.
To discourage the unnecessary demolition of historic resources.
§ 390-186 West Vincent Township Historical Commission.
[Added 10-15-2018 by Ord. No. 184]
A.
Establishment. There is hereby established a commission to be named the "West Vincent Township Historical Commission."
B.
Membership. The West Vincent Township Historical Commission shall consist of a minimum of five members appointed by the Board of Supervisors of the Township of West Vincent. At the inception of the West Vincent Township Historical Commission, the members' terms shall be staggered as follows: one member shall serve one year; one member shall serve two years; one member shall serve three years; one member shall serve four years; and one member shall serve five years. Thereafter, the terms shall be for five years. The Supervisors shall fill a vacancy for the duration of an unexpired term.
C.
Organization. The West Vincent Township Historical Commission members shall elect annually a Chairman, who will direct the activities of the Commission, a Vice Chairman and a Secretary. A majority of the current members shall constitute a quorum.
D.
Meetings and records. Public meetings will be held on a regular basis to conduct the business of the West Vincent Township Historical Commission. An agenda of each public meeting shall be available for inspection prior to the meeting. The West Vincent Township Historical Commission shall keep records of its meetings and activities and submit copies of meeting minutes no later than 30 days from the meeting date. The West Vincent Township Historical Commission will submit an annual report to the Board of Supervisors in the first quarter of the year.
E.
Compensation. The members of the West Vincent Township Historical Commission shall serve without compensation, although they may be reimbursed for expenses necessary to carry out the objectives of the West Vincent Township Historical Commission, when those expenses are deemed necessary and appropriate and approved by the Board of Supervisors in advance of such expenditures.
F.
Appropriations. The Board of Supervisors may appropriate from the general Township funds such funds as may be necessary and available for the work of the West Vincent Township Historical Commission in the year for which the appropriation is made. Within the limits of such funds, the West Vincent Township Historical Commission may employ staff or contract for clerical, consulting or other technical services. Aside from such appropriations, the West Vincent Township Historical Commission may request the assistance of Township staff and consultants when appropriate.
G.
Responsibilities. The West Vincent Township Historical Commission shall serve in an advisory capacity on issues related to historic preservation and shall have the following duties and responsibilities in furthering the purposes of this article:
(1)
Maintain a system for the survey, inventory and photographic documentation of historic resources in the Township that clearly identifies historic resources and their respective categories for inclusion on the Historic Site Inventory and Historic Resources Map of this chapter.[1]
[1]
Editor's Note: Appendix E, Historic Site Inventory, is an attachment to this chapter; the Historic Resources Map is included in the overlay district maps, which are an attachment to this chapter.
(2)
Make recommendations to the Board of Supervisors concerning revisions to the Historic Site Inventory and Historic Resources Map.
(3)
Conduct research on historic resources, provide information on historic resources to the Chester County Planning Commission and Pennsylvania State Historic Preservation Office, and propose the nomination of historic resources for inclusion on the National Register of Historic Places and other appropriate lists or programs.
(4)
Photograph and/or otherwise document ongoing changes to the Township's physical landscape.
(5)
Maintain a close working relationship with other Township boards and commissions and advise them on issues related to historic resources and landscapes.
(6)
Review and advise the Planning Commission and Board of Supervisors on subdivision and land development applications that affect historic resources and landscapes in accordance with the requirements and procedures of Chapter 315, Subdivision and Land Development, of the Township's Code and this chapter.
(7)
Review and comment on historic resource impact studies prepared in accordance with § 390-195 of this chapter.
(8)
Advise the Zoning Hearing Board and Board of Supervisors on all requests for special exceptions, conditional uses, or variances affecting historic resources and landscapes.
(9)
Advise the Zoning Officer and/or Board of Supervisors on the issuance of permits for special use provisions, relocation, demolition and actions relative to demolition by neglect with regard to historic resources.
(10)
Establish a library of technical literature, reports, photographs and other documents relevant to history and historic preservation in the Township of West Vincent.
(11)
Undertake and/or support educational and interpretive programming and publications on the history of the Township of West Vincent and its historic resources and landscapes on a regular basis.
(12)
Promote the appropriate treatment of historic resources on properties within the Township of West Vincent and provide information, advice and/or technical assistance on historic preservation to property owners to the extent possible.
(13)
Consider, promote and, with the approval of the Board of Supervisors, apply for technical and financial assistance from appropriate local, Township, county, state, federal, and other agencies and conservation and environmental organizations in connection with the preservation of significant architecture, natural and historic sites within the Township, and report all related action to the Board of Supervisors.
(14)
Perform any other lawful activities that shall be deemed necessary to further the purposes of this article.
H.
Removal of members. The Board of Supervisors may, after a duly advertised public hearing, remove any members of the West Vincent Township Historical Commission from office for reasons such as: inefficiency, neglect of duty, change of residence, absence, malfeasance in office or conflict of interest.
§ 390-187 General provisions.
A.
Compliance. Any change or demolition, as defined and listed in this article, to a historic resource shown on the Historic Resources Map and included in Appendix E[1] shall occur only in full compliance with the terms of this article and other applicable regulations.
[1]
Editor's Note: Appendix E, Historic Site Inventory, is an attachment to this chapter; the Historic Resources Map is included in the overlay district maps, which are an attachment to this chapter.
B.
Historic overlay concept. The Historic Resources Map and the requirements and opportunities contained in this section shall supersede the otherwise applicable requirements of the underlying zoning district.
(1)
For any property shown on the Historic Resources Map, the requirements and opportunities contained in this article shall supersede the otherwise applicable requirements of the underlying zoning district.
(2)
Should the Historic Resources Map be revised as a result of a legislative or administrative action or judicial decision, the zoning requirements and other regulatory measures applicable to the property in question shall be those of the underlying zoning district without consideration of this article.
C.
Preservation of other restrictions. It is not intended by this article to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail.
§ 390-188 Historic Resources Map.
A.
Classifications. The Historic Resources Map delineates four classifications of the historic resources in the Township of West Vincent, which are defined as follows:
(1)
Class I.
(a)
Certified historic structures and sites listed on the National Register of Historic Places;
(b)
Contributing resources, i.e., buildings, sites, structures and objects filed as such with the National Register of Historic Places;
(c)
Buildings, sites, structures, objects and districts which have received a determination of eligibility (DOE) and have been determined to be eligible for the National Register of Historic Places.
(2)
Class II. Buildings, sites, structures, objects and districts appropriately documented on the Historic Resources Map and Inventory prepared by the Historical Commission and approved by the Board of Supervisors, having high historic, architectural or archeological value, determined by the Township to be potentially eligible for the National Register of Historic Places.
(3)
Class III. Buildings, sites, structures, objects and districts included in the Historic Site Inventory of the West Vincent Township Historical Commission as medium value.
(4)
Class IV. Sites and resources identified as low value or no historic significance to the Township of West Vincent and all other sites listed on the Township Historic Site Inventory.[1]
[1]
Editor's Note: Appendix E, Historic Site Inventory, is an attachment to this chapter; the Historic Resources Map is included in the overlay district maps, which are an attachment to this chapter.
B.
Revisions. The Historic Resources Map may be revised from time to time by legislative action of the Board of Supervisors.
(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 West Vincent Township Historical Commission.
(2)
The owner(s) of any property(ies) which are the subject of any such proposed administrative action shall be given written notice of the Historical Commission's recommendation to the Board of Supervisors at least 10 days prior to the public hearing.
C.
Official list. The West Vincent Township Historical Commission shall maintain an updated list of resources shown on the Historic Resources Map and their respective classifications.
§ 390-189 Demolition of historic resources.
A.
Demolition permit. No Class I, II or III historic resource shall be demolished, in whole or in part, including the indiscriminate removal or stripping of any significant exterior architectural features, unless a permit is obtained from the Zoning Officer of the Township of West Vincent in accordance with the procedures and requirements of this section and other applicable standards and procedures of the Township Building and Fire Codes.
B.
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 a Class I, II or III historic resource, the Zoning Officer will advise the applicant that he or she must comply with the following procedures and requirements, as applicable.
C.
Application requirements for historic resources. In addition to applicable requirements under the Township Building and Fire Codes, an applicant seeking a permit to demolish a historic resource shall provide the following with regard to that historic resource:
(1)
Owner of record;
(2)
Classification on Historic Resources Map;
(3)
Site plan, showing all buildings and structures on the property;
(4)
Recent photographs of the resource proposed for demolition;
(5)
Method of demolition; and
(6)
Future uses of the site and of the materials from the demolished resource, including a proposed site plan for development after the demolition.
D.
Promptly, upon the filing of an application for demolition, a notice shall be forwarded to all property owners within 500 feet of the property line by certified mail, return receipt requested. This notice shall include the tax parcel number on which the resource is located, the name of the resource if one exists, and the scheduled meeting date at which the Historical Commission will review and accept public comment on the application.
E.
Review by the West Vincent Township Historical Commission. The Zoning Officer shall notify the Historical Commission of the application for demolition within five days of acceptance of a properly completed application, including the necessary filing fee. Within 45 days of the date of application, at its regular or a special meeting, the Historical Commission or a subcommittee thereof shall consider the application for demolition. The applicant shall be notified of the meeting and encouraged to present written and photographic evidence or testimony pertaining to the demolition. In reviewing the application, the Historical Commission shall take into account:
(1)
The effect of demolition on the historical significance and architectural integrity of neighboring historic resources;
(2)
Feasibility of adaptively reusing the resource proposed for demolition;
(3)
All conceivable alternatives to demolition of the resource, including relocation of the structure;
(4)
Any expert testimony, such as, but not limited to, a certified engineering report regarding the structural stability of the resource, that would indicate threats to public safety;
(5)
The archaeological potential of the site; and
(6)
Cogent public comment regarding the resource or surrounding historic resources which may be impacted by the proposed demolition.
F.
Initial recommendation of the Historical Commission.
(1)
The Commission may recommend immediate approval of the permit and may so advise the Zoning Officer.
(2)
Alternatively, the Commission may elect to use the following time periods to provide adequate opportunity for documentation of the resource as set forth in Subsection I below, preparation of a financial analysis as set forth in Subsection M below, or dialogue with the applicant on alternatives to demolition.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Recommended denial of Class I, II and III demolitions. Upon or prior to the expiration of the time period imposed for a particular historic resource, the Commission may recommend denial of the application. In such cases, the Committee shall make a written report to the Board of Supervisors, setting forth reasons for its recommendation and the evidence considered.
H.
Final decision on Class I, II and III demolitions. Within 30 days of receipt of the Commission report, the Board of Supervisors will consider the Commission's recommendation for denial of the application for demolition at a public meeting. Property owners within 500 feet of the property line of the historic resource will be given a minimum of 10 days' notice of the meeting by regular mail by the applicant. The Supervisors will consider any evidence, reports or testimony from interested parties and will render a decision either to deny or approve the application for demolition within 21 days of the meeting. This period may be extended and its length established by mutual consent.
I.
Documentation. Prior to the issuance of a demolition permit, the Commission may require the applicant to provide documentation of the resource proposed for demolition. Such documentation may include photographs, floor plans, measured drawings, archeological survey, and any other comparable form of documentation stipulated by the Commission.
J.
Demolition by neglect. No Class I, II or III historic resources shall be demolished by neglect, unless it can demonstrated by the landowner that an economic hardship exists. 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 and fenced off and the utilities turned off for safety.
K.
Any reasonable costs incurred by the Commission to review plans or studies, including fees for any consultants specifically retained for this purpose, shall be reimbursed to the Township by the applicant.
L.
Enforcement.
(1)
Fines and penalties. Any person who violates the requirements of this section shall be subject to the fines and penalties imposed under this chapter, as well as those fines and penalties imposed under the Township Building and Fire Codes.
(2)
The Board of Supervisors may issue orders to preserve Class I, II or III historic resources from further deterioration.
(3)
The Board of Supervisors shall withhold issuing any building permits for a minimum of one year for a property which, at the date of enactment of this chapter, was occupied by a Class I, II or III historic resource which subsequently was demolished in violation of this section.
§ 390-190 Relocation of historic resources.
Relocation should be considered as the least favored alternative for preservation of a historic resource but preferable to demolition. In the case of a building permit application for the proposed relocation of a historic building or structure, the Historical Commission shall review the application and forward a recommendation to the Zoning Officer based on the following considerations:
A.
Whether or not the proposed relocation will have a detrimental effect on the long-term structural integrity of the building or structure;
B.
Whether or not the proposed relocation will have a detrimental effect on the historic, architectural or archaeological aspects of the other buildings, structures or sites adjacent to the resource. Assessment of the archaeological impact shall be made in conjunction with the archaeologist from the Bureau for Historic Preservation of the Pennsylvania Historical and Museum Commission.
C.
Whether or not the proposed relocation will provide an environment that will be a compatible cultural landscape; that is, one harmonious with the historic and/or architectural aspects of the building or structure; and
§ 390-191 Archaeological resources and cemeteries.
A.
Any activities, including but not limited to those requiring the completion and submission of sewage planning modules, new construction, excavation and new roads or driveways, which may affect archaeological resources or cemeteries, shall be required to identify any known resources or to determine any potential resources. A Phase I Archaeological Study shall not be required as long as the applicant agrees in writing to conduct such a study if actual resources are discovered during the activity.
B.
The destruction or demolition of any cemeteries shall be prohibited. Any activities which may affect a cemetery shall provide provisions for protection and preservation in the form of deed restrictions and/or easements.
§ 390-192 Special use provisions.
The Township recognizes that among its resources are unique historic features which require special techniques or incentives to achieve the preservation of both the historic buildings and the surrounding cultural and contextual landscape. Many historic properties may also have sizable outbuildings which cannot be used under the strict interpretation of the current zoning code. Accordingly, the following techniques are to encourage the reuse and preservation of these identified resources by sensitive modification and innovative designs:
A.
Conversion of a Class I, II or III single-family dwelling. For a Class I, II or III historic resource property, which was originally designed and used as a single-family dwelling, an applicant may present a plan which retains the existing structure and allows for its reuse by conversion of the existing structure into a multifamily dwelling. The plan shall be in accordance with the following standards:
(1)
The minimum lot area required by the base zoning district for each dwelling unit may be reduced if authorized as conditional use by the Board of Supervisors, subject to the standards contained in § 390-219 of this chapter and the following supplemental standards:
Number of Bedrooms | Density Factor* |
|---|---|
1 | 0.33 |
2 | 0.67 |
3 or more | 1.00 |
* | Multiplier to be applied to the minimum gross lot area requirement for the district in which the property is located. |
(3)
The applicant must show that the property is no longer feasible or desirable as a single-family dwelling. Documentation may include:
B.
Conversion/reuse of a Class I, II or III historic resource as an accessory dwelling unit. Application may be made for the conversion of historic structures into an accessory dwelling unit in accordance with the following standards:
C.
Bed-and-breakfast uses. Where permitted by the base zoning district, historic resources may be used as a bed-and-breakfast facility in accordance with the following standards:
D.
Home occupations. Where permitted by the base zoning district, historic resources may be used for a home occupation in accordance with § 390-152 of this chapter, except that the maximum habitable floor area of a dwelling unit occupied by the home occupation in accordance with § 390-152C(1) may be increased to 30%.
E.
Historic resources within Village Center Residential District or Route 100 Overlay District. Any historic resource located within the Village Center Residential District or the Route 100 Overlay District may be converted or used for any use permitted within the Ludwigs Village Center Commercial District if authorized as a conditional use by the Board of Supervisors, subject to the standards contained in § 390-219 of this chapter and the additional standards of this section.
F.
Density bonus. In addition to the maximum number of lots or dwelling units permitted on any tract by the base zoning district provisions, an applicant may be permitted one additional lot or dwelling unit for each historic resource renovated or adaptively reused if authorized as a conditional use by the Board of Supervisors, subject to the standards contained in § 390-219 of this chapter and the additional standards of this section. This density bonus may be implemented by reducing the amount of any required greenway land by up to 10%, reducing the minimum lot area and bulk requirements by up to 10%, or by a combination of these approaches, at the discretion of the Board of Supervisors.
G.
General provisions. In addition to the standards contained within the specific special uses listed above, all special uses permitted in this section shall comply with the following general standards:
(1)
Any additions, renovations, rehabilitation or improvements to the building shall be in substantial compliance with the rehabilitation standards contained in § 390-194 of this chapter.
(2)
Any additions to the historic resource shall occur only on the rear facades of the building or the side facades where they will not cause a major disruption to the original architectural design or historic character. Authentic period material and colors shall be used on all facades and any portion of the historic structure or addition thereof visible from any existing or proposed public right-of-way. Appropriate substitute colors, design or material may occur only upon the approval of the Board of Supervisors after written recommendation of the Historical Commission.
(3)
All plans for conversions shall be reviewed by the Historical Commission, which shall submit a recommendation to the Board of Supervisors.
§ 390-193 Landscaping and screening.
The goal of this section is to protect the integrity of the historic setting and context of historic resources in the Township and significant vegetation or visual resources associated with the site. Accordingly:
A.
Whenever a Class I, II or III historic resource is located within a tract proposed for subdivision or land development, conditional use, special exception or variance, a landscape plan for the tract shall be required by the Board of Supervisors or Zoning Hearing Board in accordance with the standards contained in § 390-139C of this chapter. The plan shall be submitted to the Historical Commission for review and comment based on the general purposes and objectives of this article.
B.
Applicable historic resources (Class I, II and III) shall be protected from any new detached building through a minimum setback of 150 feet from the historic resource. This minimum setback requirement may be reduced at the discretion of the Board of Supervisors if it can be demonstrated to the satisfaction of the Board of Supervisors that the historic resource can be adequately protected through existing or proposed landscaping, topography, architectural controls, or other features. Additions to historic resources shall be consistent with the architectural features of the resource where practical.
C.
The applicant shall demonstrate preservation of sufficient landscaped or buffer area surrounding historic structures 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.
D.
The plan shall be prepared by a registered landscape architect and shall strive to minimize the impact of the proposed development on the resource through screening, buffering, building locations and orientations, and plant material selection. It shall show all pertinent information, including the location, sizes and species of all individual trees and shrubs to be removed, planted or preserved.
E.
Visually significant landscapes and visual accents, as defined and delineated on the Visual Resources Map of the Township Greenway Land and Recreation Plan, shall be preserved.
§ 390-194 Standards for rehabilitation.
A.
Any proposed rehabilitation, alteration or enlargement of a Class I, II or III historic resource should be in substantial compliance with the Secretary of the United States Department of the Interior's Standards for Rehabilitation, as reproduced below:
(1)
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.
(2)
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.
(3)
All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance should be discouraged.
(4)
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired historic significance in their own right, and this significance should be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site should be treated with sensitivity.
(6)
Deteriorated architectural features should be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7)
The surface cleaning of structures should be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials should not be undertaken.
(8)
Every reasonable effort should be made to protect and preserve archeological resources affected by or adjacent to any project.
(9)
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.
(10)
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.
B.
Compliance. Determinations of compliance with these standards shall be made by written report of the Historical Commission, using the Secretary's Guidelines for Rehabilitating Historic Buildings to apply the standards to each project.
§ 390-195 Historic resource impact study.
A.
Applicability. A historic resource impact study, or any applicable portions thereof, may be required, unless waived or modified by the Board of Supervisors or Zoning Hearing Board, 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 500 feet of the exterior walls of a Class I, II or Class III historic resource.
(2)
Subdivision or land development plans which propose adaptive reuse or demolition of a Class I, II or Class III historic resource.
(3)
General bridge or road construction or substantial repair passing within 500 feet of the exterior walls of a Class I, II or Class III historic resource.
B.
The historic resource impact study shall be prepared by a qualified professional in historic preservation, historical architecture, planning, or related disciplines and presented by the applicant or his agent for discussion at a meeting of the Historical Commission.
C.
Historical Commission. The historic resource impact study will be reviewed by the Historical Commission. The Commission shall set forth its evaluation and recommendations in a written report.