[Amended 5-11-1998 by Ord. No. 98-11]
The intent of this article is to establish standards
and criteria for the protection of environmentally sensitive areas
of the Township, including floodplains, wetlands, steep slopes and
very steep slopes, woodlands and areas with mature trees and historic
resources. More specifically, these provisions are designed to:
A.
Preserve natural environmental resources and maintain
ecological stability by:
B.
Preserve historic and cultural resources and the visual
character of the landscape by:
(1)
Promoting the preservation of significant historical
and cultural sites and structures.
(2)
Discouraging development in areas that will create
significant changes in the visual character of the Township, particularly
its stream courses and major drainage swales.
(3)
Encouraging the use of natural resource areas to preserve
existing environmental quality and amenity values.
C.
Protect the health and safety of all residents and
visitors and minimize threats to property through the promotion of
sound land development practices.
D.
Aid in the implementation of the Comprehensive Plan
and the attainment of its goals and objectives.
This article regulates the circumstances in
which development, improvements or demolition may occur on land areas
in the Township consisting of or containing the following natural
and man-made resources:
A.
Intent. The intent of this § 300-60 is to protect areas of floodplain subject to and necessary for the containment of floodwaters, provide adequate protection for flood-prone properties and comply with federal and state floodplain management requirements. Specific objectives include the following:
(1)
Promotion of the general health, welfare and safety
of the community.
(2)
Encouragement of the utilization of appropriate construction
practices in order to prevent or minimize flood damage in the future.
(3)
Prevention of the construction of structures in areas
unfit for human usage by reason of danger from flooding, unsanitary
conditions or other hazard.
(4)
Minimization of danger to public health by protecting
the quality and quantity of surface and subsurface water supplies
adjacent to and underlying flood hazard areas and promoting safe and
sanitary drainage.
(5)
Permitting only those uses that can be appropriately
located in the floodplain and that will not impede the flow or storage
of floodwaters or otherwise cause danger to life and property at,
above or below site locations along the floodplain.
(6)
Protection of landowners adjacent to a floodplain
and those upstream and downstream from a site along the floodplain
from damages resulting from development within a floodplain and the
consequent obstruction or increase in flow of floodwaters.
(7)
Reduction in the financial burdens imposed on the
community, its governmental units and its residents, by preventing
excessive development in areas subject to flooding and the protection
of the entire Township from uses of land that may result in subsequent
expenditures for public works and disaster relief and that may adversely
affect the economic well-being of the Township.
(8)
Maintenance of an ecological balance among natural
systems, including wildlife, vegetation and marine life, that are
dependent upon watercourses and water areas.
(9)
Protection of other municipalities within the same
watershed from the impact of improper development and the consequent
increased potential for flooding.
(10)
Provision of areas for the deposition of flood-borne
sediment.
B.
Applicability and scope. This § 300-60 regulates the circumstances in which any use may occur in a floodplain.
C.
Identification of floodplain areas. The identified
floodplain area shall be those areas of the Township of Marple that
are subject to the one-hundred-year flood as identified in the Flood
Insurance Study (FIS), dated May 2, 1995, and the accompanying maps
prepared for the Township of Marple by the Federal Emergency Management
Agency or the most recent revision thereof.
D.
Description of floodplain areas.
(1)
The identified floodplain area shall consist of the
following specific areas:
(a)
FW (Floodway Area): the areas identified as
"Floodway" in the AE Zone in the Flood Insurance Study prepared by
FEMA. The term shall also include floodway areas which have been identified
in other available studies or sources of information for those floodplain
areas where no floodplain has been identified in the Flood Insurance
Study.
(b)
FF (Flood-Fringe Area): the remaining portions
of one-hundred-year floodplain in those areas identified as an AE
Zone in the Flood Insurance Study, where a floodway has been delineated.
(c)
FE (Special Floodplain Area): the areas identified
as Zone AE in the flood Insurance Study, where one-hundred-year-flood
elevations have been provided, but no floodway has been delineated.
(d)
FA (General Floodplain Area): the areas identified
as Zone A in the FIS for which no one-hundred-year-flood elevations
have been provided. When available, information from other federal,
state and other acceptable sources shall be used to determine the
one-hundred-year-flood elevation, as well as a floodway area, if possible.
When no other information is available, the one-hundred-year-flood
elevation shall be determined by using a point on the boundary of
the identified floodplain area nearest the construction site in question.
(2)
In lieu of the above, the Township may require the
applicant to determine the elevation with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the Township.
E.
Changes in identification of area. The identified
floodplain area may be revised or modified by the Board of Commissioners
where studies or information provided by a qualified agency or person
documents the need for such revision. However, prior to any such change,
approval must be obtained from the Federal Emergency Management Agency
Federal Insurance Administration.
F.
Boundary disputes.
(1)
In the case of any dispute concerning the boundaries
of a floodplain, an initial determination shall be made by the Township
Code Enforcement Officer.
(2)
Any party aggrieved by the decision of the Code Enforcement Officer as to the boundaries of the floodplain, which may include the grounds that the maps referred to in § 300-60C are or have become incorrect because of changes due to natural or other causes or changes indicated by detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XVII of this chapter and § 300-60K and L herein. The burden of proof in such an appeal shall be on the appellant.
(3)
Insofar as various natural conditions, including the
floodplain as herein defined, may change, such changes may be validated
by detailed on-site survey techniques approved by the U.S. Army Corps
of Engineers, Philadelphia District. Whether a proposed use is within
the floodplain shown on the Floodplain Overlay Map of the Flood Insurance
Study shall, upon appeal from the decision of the Code Enforcement
Officer, be determined by the Zoning Hearing Board upon receipt of
the findings of the detailed on-site survey by the petitioner. The
Zoning Hearing Board, in addition to other evidence and standards,
shall consider the recommendations of the Township Planning Commission
and the Delaware County Planning Department.
(4)
All changes to the boundaries of the floodplain are
subject to the review and approval of the Federal Emergency Management
Agency Federal Insurance Administration.
G.
Permitted uses.
(1)
Cultivation and harvesting of crops in accordance
with recognized soil conservation practices.
(2)
Outdoor plant nursery or orchard in accordance with
accepted soil conservation practices.
(3)
Game preserve, wildlife sanctuary, woodland preserve,
arboretum and passive recreation or parks, including hiking, bicycle
and bridle trails, but including no facilities subject to damage by
flooding.
(4)
Utility transmission lines.
(5)
Sealed water supply wells, subject to the approval
of the Township Engineer.
(6)
Sanitary sewers, subject to the approval of the Township
Engineer.
(7)
Front, side or rear yards and required lot area for
any district, provided that such yards are not to be used for on-site
sewage disposal systems or for non-wire fences or any other structure.
H.
Prohibited uses. The following uses and activities
are specifically prohibited in floodplains:
(1)
Freestanding structures, buildings and retaining walls,
with the exception of flood retention dams, culverts and bridges as
approved by the Pennsylvania Department of Environmental Protection.
(2)
Relocation or alteration of any watercourse without
approval of the Board of Commissioners and the Pennsylvania Department
of Environmental Protection and subject to the following:
(a)
No such approval shall be given by the Board
of Commissioners without first obtaining a recommendation thereon
of the Marple Township Planning Commission, Delaware County Planning
Department and Soil Conservation Service, U.S. Department of Agriculture
or its successor agency.
(b)
No such relocation or alteration shall take
place without prior notification of abutting municipalities and the
Federal Insurance Administration of the National Flood Insurance Program.
(c)
The flood-carrying capacity of a watercourse
shall not be reduced by any such relocation or alteration.
(3)
Sanitary landfills, dumps, junkyards, outdoor storage
of vehicles and materials.
(4)
On-site sewage disposal systems.
(5)
Private water supply wells.
(6)
The construction, placement, enlargement or expansion
of manufactured homes.
(7)
The construction, enlargement or expansion of hospitals
(public or private).
(8)
The construction, enlargement or expansion of nursing
homes (public or private).
(9)
The construction, enlargement or expansion of jails
or prison.
(10)
Any new or substantially improved structure
that will be used for the production or storage of any of the following
dangerous materials or substances or that will be used for any activity
requiring the maintenance of a supply (more than 550 gallons or other
comparable volume or any amount of radioactive substances) of any
of the following dangerous materials or substances on the premises:
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Acetone
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Ammonia
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Benzene
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Calcium carbide
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Carbon disulfide
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Celluloid
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Chlorine
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Hydrochloric acid
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Hydrocyanic acid
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Hydrofluoric acid
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Magnesium
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Nitric acid and oxides of nitrogen
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Petroleum products (gasoline, fuel, oil, etc.)
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Phosphorus
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Potassium
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Sodium
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Sulfur and sulfur products (including sulfuric
and sulphurous acids)
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Pesticides (including insecticides, fungicides
and rodenticides)
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Radioactive substances, insofar as such substances
are not otherwise regulated
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Any other dangerous materials or substances
regulated by the appropriate federal or state agencies
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I.
Conditional uses. The Board of Commissioners is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards in § 300-60J:
(1)
Commercial recreation use, whether open to the public
or restricted to private membership, such as parks, camps, picnic
areas, golf courses, fishing, sport or boating clubs. not to include
enclosed structures excepting toilet facilities but permitting piers,
docks, floats or shelters usually found in developed outdoor recreational
areas. No toilet facilities provided shall be connected to an on-site
sewage disposal system.
(2)
Storm sewers or impoundment basins.
(3)
Outlet installations for sewage treatment plants and
sewage pumping stations, with approval of the appropriate sewer authorities.
(4)
Dams, bridges and culverts, approved by the Commonwealth
of Pennsylvania, Department of Environmental Protection or its successor
agency.
(5)
Paved roads, driveways and parking lots, where required by the regulations for the district applicable to the lot without consideration of this § 300-60, provided that:
(a)
In the case of roads and driveways no such facilities
shall be permitted as a conditional use if practicable alternative
alignments exist.
(b)
In the case of parking facilities, no such facility
shall be permitted as a conditional use unless satisfactory evidence
is submitted that such parking will not be utilized during periods
of flood flow, thus posing no threat to the safety of the vehicles,
their users and/or to downstream properties. Temporary parking for
periods not to exceed one hour and/or parking for recreation uses
would be examples of such exceptions.
(6)
Grading or regrading of lands, including the deposit
of topsoils and the grading thereof and the construction of retaining
walls. An application for a conditional use for such use shall also
be accompanied by a plan indicating the deposition of any fill or
material proposed to be deposited by the grading or regrading of land.
Such fill or other materials shall be protected against erosion by
riprap, vegetation cover or bulkheading.
(7)
Forestry, lumbering and reforestation in accordance
with recognized natural resource conservation practices, but permitting
no structures.
J.
Standards for conditional uses or variances. The Board of Commissioners, in considering a use as a conditional use and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of § 300-60A and shall consider the following:
(1)
No conditional use or variance shall be granted for
construction, development, use or activity within any floodway area
that would cause any increase in the one-hundred-year-flood elevation.
(2)
No conditional use or variance shall be granted for
any construction, development, use or activity within any FE Area
that would, together with all other existing and anticipated development,
increase the one-hundred-year-flood elevation more than one foot at
any point.
(3)
If granted, any variance shall involve only the least
modification necessary to provide relief.
(4)
Lands abutting the waterway, both upstream and downstream,
shall not be adversely affected by the proposed use.
(5)
The general welfare or public interest of Marple Township
or of other municipalities in the same watershed shall not be adversely
affected.
(6)
Any new structures or substantial improvements to existing structures permitted by conditional use or by variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water, be designed to have a minimum effect upon the flow and height of floodwater and comply with the requirements of § 300-60M through P.
(7)
Any new structure or substantial improvement permitted as a conditional use or by variance shall be subject to the requirements of § 300-60Q.
(8)
Any additions to existing structures permitted as
a conditional use or by variance shall have all utilities and facilities
floodproofed in accordance with the provisions contained herein and
in the Marple Township Building Code.[2]
(9)
In granting a conditional use or variance, the Township
shall attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety and welfare
and to achieve the objectives of this chapter.
K.
Additional standards for variances. A property owner of a lot of record, as of the date of the enactment of this § 300-60, who is able to prove that the strict enforcement of this section would create undue hardship by denying a reasonable use of an existing lot that is situated either wholly or partially in the floodplain, may seek relief by applying for a variance from the Zoning Hearing Board. The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of § 300-60A and will be consistent with the standards of § 300-60J. An affirmative decision shall be issued by the Zoning Hearing Board only upon a determination that it is the minimum necessary, considering the flood hazard, to provide relief and that:
L.
Application procedures for conditional uses or variances.
(2)
A complete record of all variance requests and related
actions shall be maintained by the Township. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Insurance Administration.
(3)
Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capacity of resisting
the one-hundred-year flood and no conditional use shall be granted
by the Board of Commissioners and no variance shall be granted by
the Zoning Hearing Board for any requirement pertaining to development
that may endanger human life.
M.
Procedures for consideration of conditional uses or
variances.
(1)
An application for a zoning permit shall be filed with the Code Enforcement Officer who shall make an initial determination on the application. For a use other than those permitted in § 300-60G, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Commissioners or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Code Enforcement Officer.
(2)
The application for conditional use or use by variance
shall be accompanied by the following:
(3)
Prior to the issuance of any permit, the Code Enforcement
Officer and Township Engineer shall review the application for permit
to determine if all other necessary government permits required by
state and federal laws have been obtained.
N.
Technical provisions.
(1)
No encroachment, alteration or improvement of any
kind shall be made to any watercourse until all adjacent municipalities
that may be affected by such action have been notified by the municipality
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. In addition, the Federal Emergency Management Agency
and Pennsylvania Department of Community and Economic Development,
Bureau of Community Planning, shall be notified prior to any alteration
or relocation of any watercourse.
(2)
Any new construction, development, uses or activities
allowed within any identified floodplain area shall be undertaken
in strict compliance with the provisions contained in this chapter
and any other applicable codes, ordinances and regulations.
(3)
Special requirements for FW, FE and FA Areas:
(a)
Within any FW (Floodway Area), the following
provisions apply:
[1]
Any new construction, development, use, activity
or encroachment that would cause any increase in flood heights will
be prohibited.
[2]
No new construction or development shall be
allowed, unless a permit is obtained from the Department of Environmental
Protection, Bureau of Dams, Waterways and Wetlands.
(b)
Within any FE (Special Floodplain Area), no
new construction or development shall be allowed unless it is demonstrated
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the elevation of the one-hundred-year flood more than one foot at
any point.
(c)
Within any FE (Special Floodplain Area) or FA
(General Floodplain Area), the following provisions apply:
O.
Elevation and floodproofing requirements.
(1)
Residential structures. Within any identified floodplain
area, any new construction or substantial improvement of a residential
structure shall have the lowest floor (including basement) elevated
up to or above the regulatory flood elevation.
(2)
Nonresidential structures.
(a)
Within any identified floodplain area, any new
construction or substantial improvement of a nonresidential structure
shall have the lowest floor (including basement) elevated up to or
above the regulatory flood elevation or be designed and constructed
so that the space enclosed by such structure shall remain either completely
or essentially dry during any flood up to that height.
(b)
Any nonresidential structure or part thereof
having a lowest floor which is not elevated to at least 1 1/2
feet above the one-hundred-year-flood elevation shall be floodproofed
in a completely or essentially dry manner in accordance with the W1
and W2 space classification standards contained in the publication
entitled "Flood-Proofing Regulations" published by the U.S. Army Corps
of Engineers (June 1972, as amended March 1992) or with some other
equivalent standard. All plans and specification for such floodproofing
shall be accompanied by a statement certified by a registered professional
engineer or architect that states that the proposed design methods
of construction are in conformance with the above referenced standards.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor
(including basement) is prohibited.
(b)
Partially enclosed space below the lowest floor
(including basement) that will be used solely for parking of a vehicle,
building access or incidental storage in an area other than a basement
shall be designed and constructed to allow for the automatic entry
and exit of floodwaters for the purpose of equalizing hydrostatic
forces on exterior walls. The term "partially enclosed space" also
includes crawl spaces. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or
meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total
area of not less than one square inch for every square foot of enclosed
space.
[2]
The bottom of all openings shall be no higher
than one foot above grade.
[3]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(c)
Accessory structures. Structures accessory to
a principal building need not be elevated or floodproofed to remain
dry, but shall comply, at a minimum, with the following:
[1]
The structure shall not be designed or used
for human habitation, but shall be limited to the parking of vehicles
or to the storage of tools, material and equipment related to the
principal use or activity.
[2]
Floor area shall not exceed 600 square feet.
[3]
The structure will have low damage potential.
[4]
The structure will be located on the site so
as to create the least obstruction to the flow of floodwaters.
[5]
Power lines, wiring and outlets will be at least
1 1/2 feet above the one-hundred-year-flood elevation.
[6]
Permanently affixed utility equipment and appliances
such as furnaces, heaters, washers, dryers, etc., are prohibited.
[7]
Sanitary facilities are prohibited.
[8]
The structure shall be adequately anchored to
prevent flotation or movement and shall be designed to automatically
provide for entry and exit of floodwaters for the purposes of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered engineer or architect or
meet or exceed the following minimum criteria:
[a]
A minimum of two openings have
a net total area of not less than one square inch for every square
foot of enclosed space.
[b]
The bottom of all openings shall
be no higher than one foot above grade.
[c]
Openings may be equipped with screens,
louvers, etc., or other coverings or devices, provided that they permit
the automatic entry and exit of floodwaters.
P.
Design and construction standards. The following minimum
standards shall apply for all construction and development proposed
within any identified floodplain area:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the
building line from all points.
(b)
Consist of soil or small rock materials only;
sanitary landfills shall not be permitted.
(c)
Be compacted to provide the necessary permeability
and resistance to erosion, scouring or settling.
(d)
Be no steeper than one vertical to two horizontal
feet, unless substantiated data justifying steeper slopes are submitted
to and approved by the Code Enforcement Officer.
(e)
Be used to an extent to which it does not adversely
affect the adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall
be designed to convey the flow of stormwater runoff in a safe and
efficient manner. The system shall ensure proper drainage along streets
and provide positive drainage away from buildings. The system shall
also be designed to prevent the discharge of excess runoff onto adjacent
properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer
facilities and systems shall be located, designed and constructed
to minimize or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall
be designed to prevent the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be
located within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it or contamination from it during a flood.
(4)
Other utilities. All other utilities such as gas lines
and electrical and telephone systems shall be located, elevated (where
possible) and constructed to minimize the chance of impairment during
a flood.
(5)
Streets. The finished elevation of all new streets
shall be no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable,
explosive or, in times of flooding, could be injurious to human, animal
or plant life shall be stored at or above the regulatory flood elevation
and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings
and structures shall be designed, located and constructed so as to
offer the minimum effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly
anchored in accordance with accepted engineering practices to prevent
flotation, collapse or lateral movement.
(b)
All air ducts, large pipes, storage tanks and
other similar objects or components located below the regulatory flood
elevation shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory
flood elevation shall be installed to accommodate a lateral expansion
of the flooring, perpendicular to the flooring grain, without causing
structural damage to the building.
(b)
Plywood used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory
flood elevation shall be designed and constructed of materials that
are water-resistant or will withstand inundation.
(d)
Windows, doors and other components at or below
the regulatory flood elevation shall be made of metal or other water-resistant
material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the
regulatory flood elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood
elevation shall be of marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets,
etc.) shall be finished with a marine or water-resistant paint or
other finishing material.
(12)
Equipment. Water heaters, furnaces, air-conditioning
and ventilating units and other electrical, mechanical or utility
equipment or apparatus shall not be located below the regulatory flood
elevation.
(13)
Fuel supply systems. All gas and oil supply
systems shall be designed to prevent the infiltration of floodwaters
into the system and discharges from the system into floodwaters. Additional
provisions shall be made for the drainage of these systems in the
event that floodwater infiltration occurs.
Q.
Existing structures in identified floodplain areas.
(1)
Uses and/or structures rendered nonconforming. Following the adoption of this § 300-60, any use or structure that is situated within the boundaries of a floodplain and that does not conform to the permitted uses specified in § 300-60G herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of § 300-60.
(2)
Existing structures or uses. The provisions of this § 300-60 do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to an existing structure or when a reconstruction of an existing structure, destroyed by fire or other catastrophe, is proposed, the provisions of this section shall apply.
(3)
Expansion or continuance of nonconforming structures
or uses.
(a)
The expansion or continuance of a nonconforming use or structure that is nonconforming with respect to the district in which is located without consideration of this § 300-60 shall be governed by the requirements of Article XV of this chapter. However, the Zoning Hearing Board shall ensure that the standards contained in §§ 300-60K and L herein, as well as the provisions of this Subsection Q, are applied to the expansion or continuance of said use or structure.
(b)
The expansion or continuance of a nonconforming use or structure that is rendered a nonconforming use or structure by adoption of this § 300-60 shall be governed by the standards contained in §§ 300-60K and L herein as well as the provisions of this Subsection Q. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
(4)
Standards for improvements and reconstruction. The
following provisions shall apply whenever any improvement is made
to an existing structure located within any identified floodplain
area:
(a)
No expansion, enlargement or reconstruction
of an existing structure shall be allowed within any floodway area
that would cause any increase in the elevation of the one-hundred-year
flood.
(b)
No expansion, enlargement or reconstruction
of an existing structure shall be allowed within an FE Area that would,
together with all other existing and anticipated development, increase
the one-hundred-year-flood elevation more than one foot at any point.
(c)
Any modification, alteration, reconstruction
or improvement of any kind to an existing structure, to an extent
or amount of 50% or more of its market value, shall constitute a substantial
improvement and shall be undertaken only in full compliance with the
provisions of this chapter.
(d)
Any modification, alteration, reconstruction
or improvement of any kind to an existing structure, to an extent
or amount of less than 50% of its market value, shall be elevated
and/or floodproofed to the greatest extent possible.
R.
Abrogation and greater restrictions. This § 300-60 supersedes any other conflicting provisions that may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.
S.
Severability. If any section, subsection, paragraph, sentence, clause or phrase of this § 300-60 shall not be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.
T.
Warning and disclaimer of liability. The degree of flood protection sought by the provisions of this § 300-60 is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Subsection T does not imply that areas outside any identified floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages. This subsection shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this subsection or any administrative decision made thereunder.
[Amended 6-12-2023 by Ord. No. 2023-1]
A.
Intent. The intent of this § 300-62 is to protect hillsides and their related soil and vegetative resources, thereby minimizing adverse environmental effects. Specific objectives include the following:
(1)
Conservation and protection of steep and very steep
slopes from inappropriate development such as excessive grading, land-form
alteration and extensive vegetation removal.
(2)
Avoidance of potential hazards to life and property
and the disruption of ecological balance that may be caused by increased
runoff, flooding, soil, erosion and sedimentation, blasting and ripping
of rock and landslide and soil failure.
(3)
Protection of the entire Township from uses of land
that may result in subsequent expenditures for public works and disaster
relief and adversely affect the economic well-being of the Township.
(4)
Encouragement of the use of steep and very steep slopes
for open space and other uses that are compatible with the conservation
and protection of natural resources.
C.
Disturbance
of ground cover.
(1)
No
person shall directly or indirectly disturb vegetative ground cover
on more than the following percentages of each classification of land:
|
Slope classification
|
Permissible area (maximum percent)
|
|---|---|
|
Steep (15% to 25%)
|
15%
|
|
Very steep (greater than 25%)
|
5%
|
(2)
For steep and very steep slope distribution in excess of those set forth in § 300-62C(1), conditional use authorization from the Board of Commissioners is required.
D.
Permitted uses in areas of steep slope and very steep
slope. The following uses and no other are permitted in areas of steep
slope and very steep slope:
(1)
Agricultural uses not requiring cultivation or structures.
(2)
Game preserve, wildlife sanctuary, woodland preserve
or similar conservation uses not requiring structures.
(3)
Passive recreation.
(4)
Sealed water supply wells with the approval of the
Township Engineer.
(5)
Front, side or rear yards and required lot area for
any district, provided that such yards are not to be used for on-site
sewage disposal systems or for non-wire fences or any other structures.
E.
Prohibited uses in areas of steep slope and very steep
slope. The following uses and activities are specifically prohibited
and shall not be subject to variance:
(3)
Soil, rock or mineral extraction.
(4)
Removal of topsoil.
(5)
On-site sewage disposal systems.
(6)
Roads, driveways and parking lots, other than those associated with § 300-62G(5).
F.
Conditional uses in areas of very steep slope. The Board of Commissioners is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards of § 300-62H and I:
(1)
Agricultural cultivation and agricultural uses requiring
structures.
(2)
Conservation uses requiring structures.
(3)
Passive recreation uses requiring structures.
(4)
Utility easements and rights-of-way.
(6)
Individual driveways accessory to single-family detached
dwellings only if the Board of Commissioners determines that no practicable
alternative alignments exist.
G.
Conditional uses in areas of steep slope. The Board of Commissioners is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards of § 300-62H and I:
(2)
Single-family detached dwellings, when permitted in
the district in which the property is located.
(3)
Recreation use, whether open to the public or restricted
to private membership, such as parks, camps, picnic areas and golf
courses, when permitted in the district in which the property is located.
not to include enclosed structures excepting toilet facilities but
permitting small shelters usually found in developed outdoor recreational
areas. Any toilet facilities provided shall be connected to central
water and sewage systems.
(4)
Stormwater management facilities.
(5)
Roads, driveways and parking lots, where required by the regulations for the district applicable to the lot without consideration of this § 300-62, provided that no practicable alternative alignments or locations exist.
(6)
Central sanitary sewer systems.
H.
Standards for conditional uses or variances. The Board of Commissioners, in considering a use as a conditional use and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of § 300-62A and shall consider the following:
I.
Additional standards for conditional uses or variances.
An affirmative decision shall not be issued by the Board of Commissioners
for conditional uses nor by the Zoning Hearing Board for variances
unless there is evidence that:
(1)
Development is being proposed on areas of steep slope
or very steep slope only because no other alternative location is
practicable.
(2)
Earthmoving activities and vegetation removal will
be conducted only to the extent necessary to accommodate the proposed
uses and structures and in a manner that will not cause excessive
surface water runoff, erosion, sedimentation and unstable soil conditions.
(3)
Mitigation techniques will be utilized, including
but not limited to retaining walls, tree wells, the establishment
of ground covers and/or low spreading shrubs and the use of erosion
control fabric.
(4)
Proposed structures will be of sound engineering design
and footings will be designed in response to the site's slope, soil
and bedrock characteristics.
J.
Application procedures for conditional uses or variances. An application for a zoning permit shall be filed with the Code Enforcement Officer who shall make an initial determination on the application. For a use other than those permitted in § 300-62D, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Commissioners or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Code Enforcement Officer. The application for conditional use or use by variance shall be accompanied by the following:
(1)
Plans drawn to a scale of at least one inch equals
50 feet depicting the following:
(a)
Location, dimensions and elevation of the property.
(b)
Existing and proposed uses and development.
(c)
Existing and proposed contours at two-foot intervals.
(d)
Location and boundaries of steep slopes and
very steep slopes.
(e)
Cross-sections and elevations of the property
and proposed structures.
(f)
Existing and proposed land cover characteristics
of that portion of the property within the area of steep slope or
very steep slope, indicating wooded areas, open areas, ground cover
types, any areas with impervious surfaces and subsurface soil types.
(2)
Photographs showing existing uses, vegetation and
topography of areas of steep slope or very steep slope.
(3)
Narrative report describing the slope, soil and vegetation
characteristics of that portion of the property within the area of
steep slope or very steep slope. Such report shall also describe:
(a)
Proposed types of structures and methods of
construction, types of foundation system(s) to be employed and proposed
landscaping, sewage disposal and water supply.
(b)
Sediment and erosion control measures.
(c)
Engineering and conservation techniques intended
to alleviate adverse environmental effects that may be created by
the proposed use.
A.
Intent. This § 300-63 regulates tree removal in the Township. Trees contribute significantly to the community's scenic beauty, in preventing soil erosion, reducing flood hazards, improving air quality, neutralizing wastewater, stabilizing the groundwater table, moderating microclimate and protecting wildlife. Indiscriminate removal of trees would adversely affect the local economy by reducing the attractiveness and desirability of the area as a place to live, work and visit.
C.
Removal or relocation of trees. No person, organization,
society, association, corporation or any governmental agency or representative
thereof, directly or indirectly, shall, without first obtaining a
permit as herein provided, remove or relocate to another site more
than three trees on a lot in RA, RB and RC Zoning Districts and two
trees on a lot in all other zoning districts in any calendar year
with a trunk 12 inches or greater in diameter, measured 4 1/2
feet above the natural grade, within a primary tree-protection zone
or more than three trees on a lot in RA, RB and RC Zoning Districts
and two trees on a lot in all other zoning districts in any calendar
year with a trunk 18 inches or greater in diameter, measured 4 1/2
feet above the natural grade, within a secondary tree-protection zone.
D.
Removal or relocation of trees, application procedures and conditions. Application permits for removal or relocation of individual trees or groups of trees covered herein shall be obtained by making application for permit to the Township. The application shall be accompanied by a written statement indicating the reasons for removal or relocation of trees and a general description of the trees to be relocated or removed. Prior to the issuance of a permit for tree removal or relocation, the Code Enforcement Officer or his agent shall conduct an on-site inspection to determine whether or not such removal or relocation conforms to the requirements of this § 300-63. The Code Enforcement Officer shall approve the permit if one or more of the following conditions is present:
(1)
Necessity to remove trees that pose a safety hazard
to pedestrian or vehicular traffic or threaten to cause disruption
of public services.
(2)
Necessity to remove trees that pose a safety hazard
to buildings.
(3)
Necessity to remove diseased trees or trees weakened
by age, storm, fire or other injury.
(4)
Necessity to observe good forestry practices.
(5)
Necessity to remove trees in order to construct proposed
improvements as a result of:
(6)
Necessity for compliance with other Township codes
such as building, zoning, subdivision regulations, health provisions
and other ordinances.
E.
Permit application review period. The Code Enforcement Officer shall have 21 days after receipt of an application filed pursuant to § 300-63D in which to approve or deny the requested permit. In the event that the Code Enforcement Officer denies an application, he shall specify to the applicant in writing the reason for his action. If no final action with respect to an application is taken within the required 21 days, the application shall be deemed to have been granted.
F.
Tree replacement requirement. Any tree removed pursuant to the permitting procedures outlined in § 300-63D(5) in order to construct proposed improvements shall be replaced on the lot in question with two new trees with trunks not less than three inches in diameter, measured two feet above the ground line. Prescribed new trees shall not be placed on the lot as street trees or in place of trees required as part of a buffer area except in cases where tree(s) removed qualified as street trees or part of required buffer areas. Prescribed new trees shall be guaranteed by the lot owner for a period of three years. Any planted material that dies within this period shall be replaced by the lot owner at his expense. Subsequent to the determination of those trees to be removed, the Board of Commissioners may determine that the remaining tree coverage is substantial enough to grant a waiver of the requirement to provide some or all of the replacement trees herein required.
G.
Hazardous or emergency conditions. In the event that any tree shall be determined to be a hazardous or dangerous condition so as to endanger the public health, welfare or safety and requires immediate removal without delay, authorization by telephone may be given by the Code Enforcement Officer without obtaining a written permit as is otherwise required in § 300-63D.
[Added 2-11-2008 by Ord. No. 2008-5[1]]
A.
Intent:
(1)
To establish as a matter of public policy that the
preservation and protection of historic resources are public necessities
and are in the interest of the health, culture, prosperity and welfare
of the citizens and the Township of Marple.
(2)
To protect the historic resources of Marple Township
by encouraging their preservation, restoration, rehabilitation, and
sensitive reuse in the community.
(3)
To encourage orderly and efficient development that
recognizes the special value to Marple Township of its fragile, nonrenewable
historic and cultural resources.
(4)
To create and provide a means for additions and updates
to the Marple Township Historic Resources Inventory, through recommendations
made by the Historical Commission and through public input in identifying
historical, architectural and cultural buildings, settings and landscapes.
(5)
To provide opportunities for owners of local historic
properties to consult with the Historical Commission on appropriate
ways to improve their properties to be eligible for special building
and zoning code considerations and to apply for various private and
public preservation incentives.
(6)
To maintain or improve property values in Marple Township
now and in the future.
B.
APPLICANT
BOARD or BOARD OF COMMISSIONERS
CODE OFFICIAL
COMMISSION or HISTORICAL COMMISSION
DAY
DEMOLITION BY NEGLECT
DEMOLITION or DEMOLISH
(1)
(2)
(3)
(4)
HISTORICAL COMMISSION
HISTORIC INTEGRITY
HISTORIC RESOURCE
INVENTORY
OBJECTOR
OWNER
PLANNING COMMISSION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A person, organization, society, association, corporation
or any governmental agency or representative thereof who wishes to
demolish an historic resource.
Marple Township Board of Commissioners.
Marple Township Department of Code Enforcement.
Marple Township Historical Commission.
Calendar day, unless specifically noted otherwise in the
text as a business day. Business days exclude all days when Township
offices are officially closed.
Allowing an historic resource to lose its historic integrity
or usefulness by failure to provide necessary and timely maintenance.
The removal or destruction of all or a significant part of
an historic resource, such that the historic integrity of the historic
resource is lost. Demolition includes, but is not limited to, removal
or relocation of the historic resource from its current location,
destruction of a facade or exterior wall surface, removal or replacement
of significant elements of the historic resource, or loss of historic
material due to fire, flood, or other disaster. Examples include,
but are not limited to:
Moving the resource to another location.
Removal of any portion of any roof or exterior
wall, or of any significant building elements such as cornices, doors,
windows, porches, or chimneys.
Covering of any portion of any roof or exterior
wall, or of any significant building elements.
Removing all or part of a resource that has
been damaged by a fire.
See "commission" above.
The authenticity of a property's historic identity, evidenced
by the survival of physical characteristics that existed during the
property's historic period.
A building, structure, site, or object listed in the Marple
Township Historic Resource Inventory.
The Marple Township Historic Resource Inventory.
A person, organization, society, association, corporation
or any governmental agency or representative thereof, any of which
resides in or pays taxes to the Township, who wishes to object to
a permit application for demolishing an historic resource.
A person, organization, society, association, corporation
or any governmental agency or representative thereof who has legal
right to the historic resource.
Marple Township Planning Commission.
C.
Demolition permit application requirements.
(1)
Permit required.
(a)
No applicant or owner shall, without first obtaining
a permit as herein provided, demolish an historic resource.
(b)
In cases where a permit is not required, or
prior to filing for a permit, an applicant or owner of an historic
resource is encouraged to consult with the Historical Commission to
discuss the project and obtain recommendations on how best to retain
the historic integrity of the resource.
(2)
Permit application. Applicants wishing to demolish
or otherwise alter an historic resource shall apply to the Code Official
for a permit for demolition. The application shall contain the following:
(a)
Date of filing the application.
(b)
Name of applicant.
(c)
Owner of record if different from applicant.
(d)
Address and description of building or structure
to be demolished.
(e)
Two copies of a site plan showing and clearly
labeling all buildings, structures, plantings and features of the
property.
(g)
Scope of work being proposed.
(h)
Reason for demolition.
(i)
Financial information supporting any claims
of financial hardship, if financial hardship was presented as a reason
for demolition.
(j)
Method of demolition including disposition of
materials from demolition.
(k)
Proposed uses of the site following demolition
of the resource.
(l)
Permit application fee of $100 or standard permit
fee, whichever is less.
(m)
Permission for employees of the Township and
members of the Historical Commission to visit, inspect, and record
the condition of the property.
(3)
Initial review of application.
(a)
The Code Official shall notify the Township
Manager, the Historical Commission, the Planning Commission, and the
Board of Commissioners of the application for demolition permit within
seven days of acceptance of a properly filed application, including
application fees. One copy of the permit application and supporting
materials will be provided to the Historical Commission.
(b)
If within 21 days after the application for
demolition permit an objection is filed with the Township by an objector,
or by the Historical Commission, then the application shall be considered
contested. The objection is to be filed in writing, and shall include
the reason for the objection.
(c)
If within 21 days after the application for
demolition permit no objections are filed with the Township, then
the application shall be returned to the Code Official for reviews
and approval as required by other Township regulations and codes.
(4)
Review of contested application.
(a)
Within 60 days after receipt of objection by
the Code Official, the Historical Commission, or selected representatives
thereof, shall meet with the applicant to review the application.
(b)
At the meeting between the Historical Commission
and the applicant, the applicant shall present the case for demolition,
and other approaches that may be acceptable will be discussed.
[1]
At the conclusion of the meeting, the parties
can agree to either accept the application or amend the application.
The Commission may also choose to reject the application. Any decision,
including modifications suggested or agreed upon, is to be recorded
in writing by the Commission. Copies will be sent to the applicant,
Code Official, Township Manager, Planning Commission, and Board of
Commissioners.
[2]
If the application is approved by the Commission,
or approved with modifications, the Board and Planning Commission
will have 31 days to comment. If there is no comment from the Board
or Planning Commission, the application shall be returned to the Code
Official for reviews and approval as required by other Township regulations
and codes.
[3]
If the application is rejected by the Commission,
the applicant has the right to request a review by the Board of Commissioners.
The Board may decide either to have representative(s) of the Board
meet with the Commission and applicant or have a public hearing. If
the representative(s) of the Board meets with the Commission and the
applicant, the parties can agree to either accept the application
or amend the application. If no agreement can be made, then the applicant
has the right to request a public hearing by the Board of Commissioners.
(c)
At any time after filing an objection to the
demolition permit, the objecting party may withdraw the objection
by giving written notice of such withdrawal to the Code Official.
[1]
The Code Official shall notify the Board and
Historical Commission of withdrawal with seven days.
[2]
The Historical Commission shall have seven days
to respond to the withdrawal, which will consist either of an acceptance
of withdrawal or a request to continue with the review.
[3]
If there are no further objections, if withdrawal
of objection has been accepted by the Historical Commission, and if
the twenty-one-day objection period has expired, the application shall
be considered approved by the Historical Commission, and the application
shall be returned to the Code Official for reviews and approval as
required by other Township regulations and codes.
(d)
If a public hearing is held on the application,
the following shall occur:
[1]
The Historical Commission shall state the nature
of the application, the nature of the objection, and provide a brief
summary of the Historic Resource.
[2]
The applicant shall be allowed to present further
information to support the application.
[3]
Any objectors shall be allowed to present further
information to support their objection.
[4]
The Board of Commissioners and the applicant
may agree to postpone the public hearing to a later date.
(e)
The Board shall consider the following factors,
among other factors deemed appropriate by the Board, before reaching
its decision on the application:
[1]
The purposes of this section.
[2]
The opinion of the Historical Commission.
[3]
The opinion, if offered, of the Planning Commission.
[4]
The historical, architectural or aesthetic significance
of the building, structure, or site features.
[5]
The design and compatibility of the proposed
work with the character of its site, including the effect of the proposed
work on neighboring structures.
[6]
The physical condition of the building, and
whether the owner has made acceptable efforts to maintain the building.
[7]
Whether the building or structure can be used
for any purpose for which it is or may be reasonably adapted. To that
end, the owner must demonstrate that the sale of the property is impracticable;
and that rental cannot provide a reasonable rate of return. The objector
must also provide his, her, or its recommendations for the continued
use of the building in question.
[8]
Where an application for demolition is based
on economic hardship, the Board may lessen its requirements in order
to account for the economic situation involved.
(f)
The Board of Commissioners shall render a decision
and shall issue a written decision within 45 days of the public hearing.
The decision shall contain the findings of fact that constitute the
basis for the decision. The Board shall furnish the applicant, the
objector, and the Historical Commission with a copy of the decision.
The decisions of the Board may be as follows:
[1]
Approval of the application with no additional
documentation. The application shall be returned to the Code Official
for reviews and approvals as required by other Township regulations
and codes.
[2]
Approval of the application with conditions.
The permit application shall be approved by the Board, contingent
upon the completion of additional building documentation as outlined
below, or other conditions as determined appropriate by the Board.
Other conditions may include changes to the proposed demolition, or
subsequent construction. Upon acceptance of the additional documentation
by the Board and Historical Commission, the application shall be returned
to the Code Official for reviews and approvals as required by other
Township regulations and codes.
[3]
Rejection of the application. The application
shall be returned to the Code Official for denial of the permit application.
[4]
Request for additional information. If the Board
feels that a decision is not possible due to insufficient information,
it may require the submission of additional information for the purpose
of reconsideration of the application. If the application is to be
reconsidered, an additional public hearing will be scheduled, consistent
with the procedures outlined above for the initial public hearing.
Additional information that may be requested may include, but not
be limited to, 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]
All appraisals obtained by the
owner in connection with his purchase or financing of the property
or during his ownership of the property.
[e]
Bona fide offers of the property
for sale or rent, price asked and offers received, if any.
[f]
Any consideration by the owner
as to adaptive uses for the property, including the historic resources.
[g]
In cases where additional information
is requested, the Board shall have an additional 45 days to review
and issue an updated decision.
(g)
In cases where the Board approves the issuance
of a demolition permit, the approval will be good for a six-month
period unless upon written request the Board agrees to extend the
time period.
(5)
Appeal of decision. Any party to the hearing before
the Board of Commissioners aggrieved by a decision of the Board may,
within 30 days after receiving notice of the decision, seek judicial
review of that decision in any court of competent jurisdiction.
D.
Documentation of historic resources. In cases where
the issuance of a demolition permit is approved, the Historical Commission
shall require that the building or structure be recorded, at the applicant's
expense.
(1)
The Commission will issue a list of items of documentation
to be prepared, which may include, but not be limited to, the following:
(a)
A detailed description of the resource and its
context, including topography, vegetation, landscaping, driveways
and associated structures and features.
(b)
Detailed site plan of the resource.
(c)
Measured floor plans and exterior elevations.
(d)
Measured drawings of individual elements of
the resource.
(e)
Comprehensive photographic record of the resource
and its context.
(f)
Chain of title or other information related
to the history of the resource.
(g)
Statement of the significance of the resource
and its context to the Township and environs.
(2)
Two copies of such documentation are to be delivered
to the Historical Commission for review and approval.
(a)
Quality and scale of drawings and other documentation
are to be of a level acceptable to the Historical Commission.
(c)
In cases where the demolition of resource is
permitted, the Commission has the right to request that the applicant
fabricate and erect an historical marker designed by the Commission.
E.
Conditional and special exception uses for historic
resources.
(1)
Conditional uses. In addition to the uses permitted
by right or special exception use in the various zoning districts
in Marple Township, the Board of Commissioners may authorize conditional
uses for historic resources in order to encourage their retention
and facilitate appropriate adaptive reuse. Such conditional uses may
include professional or business offices, cultural facilities, eating
and drinking establishments and guest houses or inns in residential
districts and any such similar uses in industrial, institutional or
open space districts. Applications for such conditional uses shall
meet the following criteria:
(a)
The use shall not generate high levels of vehicular
traffic, nor noise, noxious odors, air pollution or glare.
(b)
The manner, location and hours of operations
and of deliveries to the premises shall be compatible with the daily
cycle of active and quiet periods associated with any adjacent residential
uses.
(c)
The use shall complement other uses in the district,
creating a mixed-use character that contributes towards an increased
rate of pedestrian access to local services, minimized auto-trip generation
and additional security for district businesses.
(d)
Mixed-use structures containing residences shall
have nonresidential uses only on a level or floor below residential
uses.
(2)
Special exception uses. The Zoning Hearing Board is
authorized to grant special exceptions for modifications to the development
standards dimensions relevant to an historic resource for applications
meeting the following criteria:
(a)
Granting of a special exception is necessary
to encourage the retention and appropriate adaptive reuse of the historic
resource.
(b)
Granting of a special exception will have minimal
detrimental effect on adjacent and neighboring properties.
(c)
Any proposed rehabilitation, alteration, or
enlargement of an historic resource shall be in substantial compliance
with the Secretary of the United States Department of the Interior's
standards for rehabilitation.
F.
Penalties and remedies.
(1)
Penalties.
(a)
Failure by the applicant or owner to comply
with this section shall constitute a violation hereof.
(b)
Any applicant or owner violating any of the
provisions of this section shall be subject to a fine of not more
than $600 for each offense plus court costs, including reasonable
attorney fees incurred as a result thereof, or in default of payment
of the fine, imprisonment not exceeding 90 days.
(c)
Each day that a violation continues shall constitute
a separate offense. All fines collected shall be deposited into the
Township general fund and shall be used for historic preservation
or for general Township use.
(d)
If demolition occurs without a permit, the Township
reserves the right to prohibit future building permits or subdivision
approvals for the property for a period of up to five years from the
date of either the demolition or upon the completion of any subsequent
Township reviews or of any legal proceedings, whichever is latest.
(2)
Remedies.
(a)
An applicant or owner who demolishes a building
or structure in violation of the provisions of this section, or in
violation of any conditions or requirements specified in a permit
issued pursuant to this section, may be required by the Board to restore,
reconstruct, and/or relocate the building or structure involved to
its appearance and/or location prior to the violation.
(b)
Such restoration, reconstruction, and/or relocation
may be in addition to, and not in lieu of, any penalty or remedy available
under this section or any other applicable law.
(c)
In the event any building or structure is demolished
in violation of this section, the Board may institute appropriate
proceedings in any court of competent jurisdiction to prevent or remedy
such unlawful demolition.
(3)
Demolition by neglect.
(a)
Any owner of an historic resource who has allowed
that historic resource to be damaged or demolished as the result of
neglect shall be subject to the same enforcement remedies as an owner
who knowingly violates this section by demolishing an historic resource
without a permit for demolition or who violates the conditions of
the permit.
(b)
In addition to any penalties listed above, the
Township may elect to purchase the historic resource through eminent
domain, with the purpose of either rehabilitating the resource at
Township expense or selling the property to a third party who will
agree to rehabilitate the resource.
(4)
Ordinary maintenance. This section shall not be construed
to prevent the ordinary maintenance or repair of any building or structure,
where such work does not require a permit by law, and where the purpose
and effect of such work is to correct any deterioration or decay of,
or damage to, a building or structure and to restore the same to its
condition prior to the occurrence of such deterioration, decay, or
damage. Any repairs being performed with materials and techniques
that match the original can be approved by the Code Official after
consultation with the Historical Commission. Notification of and approval
by the Board is not required.
G.
Historic Resources Inventory.
(1)
The Marple Township Historic Resources Inventory shall
initially consist of the resources listed in the Marple Township Historic
Sites Survey prepared by the Delaware County Planning Department,
1994.
(2)
Resources may be added to the inventory from time
to time. Resources may be added that meet one or any combination of
the following criteria:
(a)
Listed in or determined to be eligible for the
National Register of Historic Places as provided in the National Historic
Preservation Act of 1966, 16 U.S.C. 470 et seq.
(b)
Listed in the Marple Township Historic Sites
Survey prepared by the Delaware County Planning Department as updated
from time to time.
(c)
Has significant character, interest, or value
as an example of the development, heritage or cultural characteristics
of the Township, the county, the commonwealth, or the United States.
(d)
Is the site of a significant historic event.
(e)
Exemplifies the cultural, political, economic,
social or historical heritage of the community.
(f)
Embodies distinguishing characteristics of an
architectural style of engineering specimen.
(g)
Is the work of a designer, architect, landscape
architect or engineer whose individual work has significantly influenced
the development of the Township, the county, the commonwealth or the
United States.
(h)
Contains elements of design, detail, materials
or craftsmanship which represent a significant innovation.
(i)
Is the singular known example of a design or
use of material or style of architecture within the Township.
(j)
Is part of the historic context of a square,
park, or other distinctive area which should be preserved, according
to a plan, based on an historic, cultural, or an architectural context.
(k)
Is a landmark; that is, an established and familiar
visual feature which assists in defining the character of the neighborhood,
community or Township due to its unique location or singular physical
characteristic.
(l)
Has yielded or is likely to yield information
of importance to the Township's, county's, commonwealth's, or United
States' history.
(3)
The procedure for adding a resource to the inventory
shall be as follows:
(a)
The Historical Commission shall review a potential
historic resource to determine its historic integrity and its ability
to meet the criteria for addition listed above.
(b)
If, in the opinion of the Historical Commission,
the resource is worthy of being added to the inventory, the Commission
shall make such recommendation to the Board of Commissioners.
(c)
The Board shall consider the recommendation
at a public meeting.
[1]
The property owner and public shall have the
right to present to the Board an argument against listing the property
as an historic resource.
[2]
The property owner and public shall have the
right to present to the Board an argument for listing the property
as an historic resource.
[3]
The Board shall review the recommendation by
the criteria for addition listed above, and shall be empowered to
make a decision considering the importance of the resource as an historic
resource as contributing to the public good.
(d)
If the Board of Commissioners agrees with the
recommendation of the Historical Commission, then the resource shall
be added to the inventory.
(e)
If the Board of Commissioners does not agree
with the recommendation of the Historical Commission, then the resource
shall not be added to the inventory. The Historical Commission may
present new information at a later date and request another decision
by the Board.
(4)
Resources may be removed from the inventory in the
exceptional cases of resources that have been destroyed or damaged
to such an extent that they have lost their historic integrity.
(a)
The Historical Commission shall be responsible
for determining if a resource is eligible for removal from the inventory.
(b)
If, in the opinion of the Historical Commission,
the resource is worthy of being removed from the inventory, the Commission
shall make such recommendation to the Board of Commissioners.
(c)
If the Board of Commissioners agrees with the
recommendation of the Historical Commission, then the resource shall
be removed from the inventory.
(d)
If the Board of Commissioners does not agree
with the recommendation of the Historical Commission, then the resource
shall remain on the inventory until such time as new information to
warrant another decision can be presented to the Board by the Historical
Commission.
[1]
Editor's Note: This ordinance also repealed
former § 300-64, Historic resources protection.
