[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township 7-12-2021 by Ord. No. 1718.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 23,
Historical Advisory Committee, adopted 12-11-1973 by Ord. No. 792, as
amended.
A.Â
This chapter shall be referred to as the "Upper Moreland Township
Historical Commission."
B.Â
Pursuant to authority contained in the Act of 1968, Public Law 805,
No. 247, as enacted and amended, known as the Pennsylvania Municipalities
Planning Code[1] (Sections 603, 604 and 605), and Article I, Section 27,
of the Pennsylvania Constitution which states that "The people have
a right to clean air, pure water and the preservation of the natural,
scenic and historic and aesthetic values of the environment," Upper
Moreland Township hereby establishes the Upper Moreland Township Historical
Commission to promote, protect and facilitate the preservation of
areas of historic significance and to preserve the historic values
in the environment at, along or near places having unique historical,
architectural or patriotic interest or value within the Township's
Historic Preservation Overlay and to preserve and protect buildings,
structures, sites, objects and districts of historic value that exist
within the Township.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.Â
Upper Moreland Township has many historic resources worthy of preservation
from the colonial period, Victorian era, and early suburban development.
Preservation of these historic resources is in the best interest of
the health, prosperity and welfare of the people of Upper Moreland
Township by enhancing property values, improving aesthetics of the
built and natural environment, and creating the potential for heritage
tourism.
For purposes of this chapter, the following definitions shall
apply:
The act of putting an addition onto, repairing, renovating
or replacing materials on the exterior of an historic resource.
Any construction having a minimum of three enclosed walls
and a roof. Examples include, but are not limited to, house, garage,
barn, shed, school, train station, or privy.
An historic resource that is designated a national historic
landmark, listed on the National Register of Historic Places, or a
contributing resource to a National Register Historic District.
An historic resource that is not a Class I historic resource,
but is considered eligible for the National Register of Historic Places,
or a contributing resource to an eligible National Register Historic
District. National Register eligibility is determined by inclusion
on the Pennsylvania Historical and Museum Commission List of National
Register Eligible Resources.
An historic resource that is not a Class I or Class II historic
resource but has been accepted for listing on the Upper Moreland Township
Historic Resources Inventory by the Upper Moreland Township Historical
Commission.
An historic resource in a district that adds to the historic
significance of the district.
The complete dismantling, removal or destruction of an historic
resource.
The deliberate disregard of routine maintenance causing weakness,
decay and deterioration of an historic resource for purposes of avoiding
the provisions of this chapter. Also, the intentional act of disregarding
the security of an historic resource resulting in degradation by criminal
activity for purposes of avoiding the provisions of this chapter.
A significant concentration, linkage or continuity of buildings,
structures, sites or objects joined by plan or physical development.
Examples include but are not limited to business districts and industrial
areas, residential neighborhoods, college campuses, villages or transportation
systems.
A building, structure, object, site or a contributing resource
to an historic district that is historically significant to the nation,
state or to Upper Moreland Township. Historic resources may be significant
for association with historically important events or people or significant
for architecture or building technique.
An item that is primarily artistic or decorative in nature.
Examples include but are not limited to monuments, sculptures, fountains
or statues.
The act of altering an historic resource by maintaining and
repairing the existing materials and current form of an historic resource
for purposes of displaying it as it has evolved through time.
The act of rebuilding an historic resource by recreating
vanished or nonsurviving elements of an historic resource.
The act of making alterations to an historic resource for
the purpose of changing its use while also preserving the historic
resource.
The act of altering an historic resource by returning it
to a particular time period by removing elements of other time periods.
A location that, with or without the existence of buildings,
structures or objects, has commemorative or cultural significance.
Examples include but are not limited to battlefields, cemeteries,
parks, ruins, scenic views, or natural features.
A construction that does not have enclosed walls. Examples
include but are not limited to bridges, gazebos, bandstands, carousels,
fences, walls or dams.
A.Â
The Upper Moreland Township Historical Commission shall be composed
of 15 members. It is recommended that the Historical Commission be
composed of members with the following backgrounds or qualifications:
[Amended 12-5-2022 by Ord. No. 1738]
(1)Â
One registered architect;
(2)Â
One member of the Upper Moreland Township Advisory Planning Agency;
(3)Â
One member of the Upper Moreland Township Commissioners;
(4)Â
One attorney; and
(5)Â
Two shall be members of the Upper Moreland Historical Association,
and two members shall be any persons with demonstrated interest in
architectural history, history, historic preservation, or community
revitalization.
B.Â
Members of the Historical Commission shall be appointed by the Upper
Moreland Township Board of Commissioners for a term of three years
commencing on January 1 and ending on December 31 three years hence.
Five members of the Historical Commission shall be appointed or reappointed
each year. Any member of the Historical Commission appointed to fill
an existing vacancy on the Commission shall serve until the expiration
of the term that he or she was appointed to complete.
C.Â
The Board of Commissioners may appoint at least two residents of
the Township to serve as alternate members of the Historical Commission.
The term of office of an alternate member shall be three years. When
seated, an alternate shall be entitled to participate in all proceedings
and discussions of the Historical Commission to the same and full
extent as provided by law for members, including specifically the
right to cast a vote as a voting member during the proceedings, and
shall have all the powers and duties set forth in this chapter and
as otherwise provided by law. When not seated in replacement of a
Commissioner, any alternate may still participate in any proceeding
or discussion of the Historical Commission but shall not be entitled
to vote as a member of the Commission.
D.Â
Members of the Historical Commission shall select a President, Vice
President, Secretary and Treasurer from among its members, and their
terms of office shall be one year commencing on January 1 and ending
December 31 of that year. It shall be the President's responsibility
to conduct meetings of the Historical Commission and to act as a liaison
between the Historical Commission and the Code Enforcement Officer,
Advisory Planning Agency, and Board of Commissioners. The Vice President
shall assist the President and assume the role of President when the
President is absent. The Secretary shall have duties related to keeping
records and handling correspondence. The Treasurer shall have duties
related to the finances of the Historical Commission.
E.Â
A vacancy on the Historical Commission shall be filled by an appointment
by the Board of Commissioners preferably within 60 days from the date
that the vacancy is evident. Historical Commission members must attend
all meetings. A member who is absent for four consecutive regular
monthly meetings shall be considered inactive and will be replaced
by appointment of a new member.
F.Â
A quorum, required to conduct business at Historical Commission meetings,
shall be a majority of the then-appointed members. Members shall not
be compensated but may be reimbursed for expenses approved by the
Board of Commissioners and directly related to the duties of the Historical
Commission.
G.Â
An Historical Commission member shall not nominate, vote on, or participate
in any discussion concerning an historic resource that is owned by
the member or a family member.
A.Â
The Historical Commission shall hold meetings monthly or more often
as necessary.
B.Â
The Historical Commission shall be responsible for establishing procedures
at meetings, keeping records, and establishing rules for nominating,
electing, replacing and removing the President, Vice President, Secretary
and Treasurer.
C.Â
The Historical Commission shall be responsible for evaluating, compiling,
maintaining and publishing the Upper Moreland Township Historic Resources
Inventory. The Historical Commission shall periodically review the
historic resources on the inventory and add or delete historic resources
as needed, subject to Board of Commissioners' approval of changes
to the Historic Resources Inventory.
D.Â
The Historical Commission shall be responsible for monitoring projects
in Upper Moreland Township that may have an impact on historic resources.
E.Â
The Historical Commission shall maintain regular communication with
the Pennsylvania Historical and Museum Commission and the National
Park Service to obtain lists of historic resources in the Township
that are national historic landmarks or listed or eligible for the
National Register of Historic Places and for advice on matters of
historic preservation in Upper Moreland Township.
F.Â
The Historical Commission shall aid, assist, promote and perform
the nomination of resources in Upper Moreland Township to the National
Register of Historic Places.
G.Â
The Historical Commission shall have the general responsibility to
promote historic preservation within Upper Moreland Township by performing
any or all of the following:
(1)Â
Publishing printed material related to historic preservation.
(2)Â
Adding historic-preservation-related material to the Township's website.
(3)Â
Holding events to promote and educate Township residents about historic
preservation.
(4)Â
Educating historic resource owners about grants, tax incentives,
and the benefits of protection provided by state and federal government
historic preservation programs and laws.
(5)Â
Educating historic resource owners about the potential benefits of
having a resource listed on the Upper Moreland Township Historic Resources
Inventory, including honorary designation, improved development opportunities,
and protection.
(6)Â
Advising the Board of Commissioners concerning acquiring, restoring,
preserving, reconstructing or rehabilitating historic resources in
Upper Moreland Township.
The Upper Moreland Township Historical Commission shall have
an advisory role on issues related to the change of use, alteration,
demolition, or demolition by neglect of historic resources in Upper
Moreland Township. In addition, all actions regarding the Upper Moreland
Township Historic Resources Inventory taken by the Historical Commission
shall be subject to Board of Commissioners' approval of changes to
the Historic Resources Inventory.
A.Â
Criteria for listing an historic resource to the Upper Moreland Township
Historic Resources Inventory:
(1)Â
These criteria shall be applied with the consideration that the historic
resource may be significant to the nation, state or to Upper Moreland
Township.
(2)Â
An historic resource must be at least 100 years old or older.
(3)Â
The historic resource must also have retained its historic integrity
by remaining identifiable in terms of its location, setting, materials,
design or workmanship, and shall meet any one of the following areas
of significance:
(a)Â
Associated with events that have made a significant contribution
to the broad patterns of our history;
(b)Â
Associated with the lives of persons significant in our past;
or
(c)Â
Architecturally significant in that the historic resource embodies
the distinctive characteristics of a type, period or method of construction,
or represents the work of a master, or possesses high artistic values.
B.Â
Criteria considerations. The Upper Moreland Township Historical Commission
may consider an historic resource for the inventory that is less than
100 years old, provided that the historic resource is deemed to be
highly significant by the Historical Commission.
C.Â
Contents. The Upper Moreland Township Historic Resources Inventory
shall contain the owner's name and address, the address or location
of the historic resource, the approximate year built, recent photographs,
an architectural description, a brief history of the resource, its
status as a Class I, Class II, or Class III historic resource, and
the date the historic resource was added, changed or deleted from
the inventory.
D.Â
Publication. The Upper Moreland Township Historic Resources Inventory
shall be made available to the public for inspection at the Upper
Moreland Township Building during regular business hours. The inventory,
or parts thereof, may also be made public through other means, including
but not limited to publishing it on the Township's website, at a local
library, or at the Upper Moreland Historical Association.
A.Â
The Historical Commission may adopt an existing inventory or survey
of historic resources conducted in Upper Moreland Township to serve
as the Upper Moreland Township Historic Resources Inventory. The adopted
inventory or survey can include, but is not limited to, an inventory
or survey of historic resources that currently exists or any historic
resources inventory or survey that may be conducted in the Township
in the future. The Historical Commission shall review the survey and
inventory to determine if it contains accurate information and will
meet the needs of the Historical Commission. The Historical Commission
will then vote to either accept or reject the adopted inventory.
B.Â
If the adopted inventory is accepted, the Historical Commission shall determine which resources on the inventory or survey meet the criteria for listing an historic resource (§ 23-6) to the Upper Moreland Township Historic Resources Inventory.
C.Â
The survey or inventory must also be examined by the Upper Moreland
Township Historical Commission to determine if any resources on the
inventory are Class I historic resources. Any historic resources on
the adopted inventory or survey that are found to be Class I historic
resources will be listed in the Upper Moreland Township Historic Resources
Inventory as Class I historic resources.
D.Â
Of the remaining resources on the adopted inventory or survey that
are not Class I historic resources, the Upper Moreland Township Historical
Commission shall classify the resources into either Class II or Class
III historic resources and send to the owners of those historic resources,
by certified mail with return receipt requested and a return envelope
and postage, a request to concur or object to the listing of the historic
resource in the Upper Moreland Township Historic Resources Inventory.
E.Â
Those owners that concur shall have the resource listed to the Township Historic Resources Inventory as either a Class II or Class III historic resource, as applicable. Those owners that object, in writing, shall not have the resource listed to the Inventory of Historic Resources. The Historical Commission shall have the discretion to treat a failure to respond as an objection to the listing of the resource or to make such additional requests of the owner as the Historical Commission may deem appropriate with respect to the resource in question. An owner who has objected may withdraw the objection at any time by notifying the Historical Commission, in writing, that the owner withdraws the objection and concurs to the listing, in which event the resource shall be listed to the Township Historic Resources Inventory as either Class II or Class III historic resource, as applicable, provided that the resource continues to meet the criteria for listing an historic resource (§ 23-6A) to the Historic Resources Inventory and meets the definition of a Class II or Class III resource.
F.Â
Any subsequent owner of a Class II or Class III resource, the previous owner of which objected to the listing in the inventory, shall also be permitted to have the resource listed to the inventory by appearing at a meeting of the Historical Commission and requesting the resource be listed. The resource shall be listed at the meeting, provided that it continues to meet the criteria for listing an historic resource (§ 23-6A) to the Upper Moreland Township Historic Resources Inventory and meets the definition of a Class II or Class III resource. If the Historical Commission determines that the resource should not be listed, the owner shall be provided with a written explanation for the determination.
G.Â
If the Historical Commission votes not to adopt an historic resources inventory or survey, the Upper Moreland Township Historic Resources Inventory may be compiled using the procedure for listing historic resources to the Upper Moreland Township Historic Resources Inventory described in § 23-8.
The following procedure shall be used to compile or add resources
to the Upper Moreland Township Historic Resources Inventory.
A.Â
Class I historic resources. All historic resources in the Township
that meet the definition of a Class I historic resource shall be listed
in the Upper Moreland Township Historic Resources Inventory as Class
I historic resources.
B.Â
Class II historic resources.
(1)Â
Historic resources that meet the definition of a Class II historic
resource shall be listed as a Class II historic resource on the Upper
Moreland Township Historic Resources Inventory, provided that the
Upper Moreland Township Historical Commission first sends to the owner
of the historic resource, by certified mail with return receipt requested
and a return envelope and postage, a request to concur or object to
the listing of its resource in the inventory.
(2)Â
Those owners that concur shall have their resource listed to the
Township Historic Resources Inventory as a Class II historic resource.
(3)Â
Those owners that object, in writing, shall not have the resource listed to the Inventory of Historic Resources. The Historical Commission shall have the discretion to treat a failure to respond as an objection to the listing of the resource or to make such additional requests of the owner as the Historical Commission may deem appropriate with respect to the resource in question. An owner who has objected may withdraw the objection at any time by notifying the Historical Commission, in writing, that the owner withdraws the objection and concurs to the listing, in which event the resource shall be listed to the Township Historic Resources Inventory as either a Class II or Class III historic resource, as applicable, provided that the resource continues to meet the criteria for listing an historic resource (§ 23-6) to the Historic Resources Inventory and meets the definition of a Class II or Class III resource.
(4)Â
A subsequent owner of a Class II resource, the previous owner of which objected to listing in the inventory, shall be permitted to apply to have the resource listed to the inventory, provided that it continues to meet the criteria for listing an historic resource (§ 23-6A) to the Upper Moreland Township Historic Resources Inventory and meets the definition of a Class II historic resource, as defined in this chapter.
C.Â
Class III historic resources. Class III historic resources are listed
on the Upper Moreland Township Historic Resources Inventory by either
of the following procedures:
(1)Â
Owner nomination of Class III historic resource.
(a)Â
Any resource owner in Upper Moreland Township who wants its
resource listed in the Upper Moreland Township Historic Resources
Inventory as a Class III historic resource may submit in writing or
appear at a meeting of the Historical Commission and provide the address
or location of the historic resource, the approximate year built,
recent photographs, a brief architectural description, and a brief
history of the resource.
(b)Â
The Historical Commission will review the material and vote at the meeting to either accept or reject the historic resource based on the criteria for listing a resource (§ 23-6) in the Upper Moreland Township Historic Resources Inventory.
(c)Â
If the resource is accepted by the Historical Commission, it
will be listed to the Upper Moreland Township Historic Resources Inventory
as a Class III historic resource. If the resource is rejected by the
Historical Commission, the resource owner shall be provided a written
explanation for the rejection which may include a request for additional
information so that the Historical Commission can reevaluate the request
for listing at a later date.
(2)Â
Historical Commission nomination of Class III historic resource.
(a)Â
Members of the Historical Commission may nominate historic resources
to the Township Historic Resources Inventory by providing, at a regular
meeting of the Historical Commission, the resource owner's name and
address, the address or location of the historic resource, the approximate
year built, recent photographs, a brief architectural description,
and a brief history of the resource.
(b)Â
The Historical Commission shall review the material and vote within 45 days to accept or reject the resource based on the criteria for listing a resource (§ 23-6A) in the Upper Moreland Township Historic Resources Inventory.
(c)Â
If the historic resource is accepted for listing in the Upper
Moreland Township Historic Resources Inventory, the Historical Commission
will send the resource owner or owners a request, by certified mail
with return receipt requested and return envelope and postage, to
concur or object to the listing of the resource to the inventory.
If a resource owner concurs, it shall be listed on the Upper Moreland
Township Historic Resources Inventory as a Class III historic resource.
(d)Â
If the owner objects, the resource shall not be placed on the Upper Moreland Historic Resources Inventory. The Historical Commission shall have the discretion to treat a failure to respond as an objection to the listing of the resource or to make such additional requests of the owner as the Historical Commission may deem appropriate with respect to the resource in question. An owner who has objected may withdraw the objection at any time by notifying the Historical Commission, in writing, that the owner withdraws the objection and concurs to the listing, in which event the resource shall be listed to the Township Historic Resources Inventory as a Class III historic resource, provided that the resource continues to meet the criteria for listing an historic resource (§ 23-6A) to the Historic Resources Inventory and meets the definition of a Class III resource.
(e)Â
A subsequent owner of a Class III resource, the previous owner of which objected to the listing of the resource in the inventory, shall be permitted to have the resource listed to the inventory by appearing at a meeting of the Historical Commission and requesting the resource be listed. The resource shall be listed at the meeting, provided that it continues to meet the criteria for listing an historic resource (§ 23-6A) to the Upper Moreland Township Historic Resources Inventory and meets the definition of a Class III resource.
(f)Â
If the resource is rejected by the Historical Commission, the
resource owner shall be provided a written explanation for the rejection,
which may include a request for additional information so that the
Historical Commission can reevaluate the request for listing at a
later date.
A.Â
Class I historic resources. A Class I historic resource shall be deleted from the Upper Moreland Township Historic Resources Inventory when it has been removed as a national historic landmark and/or deleted from the National Register by the National Park Service. The Historical Commission shall delete the resource from the inventory within 90 days from the date of receipt of written confirmation of the removal noted in the preceding sentence. The Historical Commission shall consider whether such resources should be relisted as Class II or Class III resources and, if so, shall take appropriate steps to so list the resources in accordance with § 23-8.
B.Â
Class II historic resources.
(1)Â
A Class II historic resource shall be deleted from the Upper Moreland Township Historic Resources Inventory when it is removed from the Pennsylvania Historical and Museum Commission List of National Register Eligible Resources, except if the historic resource was removed because it was listed to the National Register of Historic Places or achieved national historic landmark status. The Historical Commission shall delete the resource from the inventory within 90 days from the date of receipt of written confirmation of the removal noted in the preceding sentence. The Historical Commission shall consider whether such resource should be relisted as a Class III resource and, if so, shall take appropriate steps to so list the resource in accordance with § 23-8. A Class II historic resource shall be deleted from the Upper Moreland Township Historic Resources Inventory if the owner sends a written notification to the Historical Commission directing that the historic resource be deleted from the inventory. The Historical Commission shall delete the resource from the inventory within 90 days from the date of receipt of written notification.
(2)Â
Owners of Class II resources that request deletion of their resources from the Upper Moreland Township Historic Resources Inventory shall be permitted to have the resource subsequently relisted to the inventory by appearing at a meeting of the Historical Commission and requesting the resource be relisted. The resource shall be relisted at the meeting, provided that it continues to meet the criteria for listing an historic resource (§ 23-6A) to the Upper Moreland Township Historic Resources Inventory and meets the definition of a Class II historic resource. If the Historical Commission determines that the resource should not be relisted, the owner shall be provided with a written explanation for the determination. A subsequent owner of a Class II resource, the previous owner of which has requested deletion of the resource from the inventory, shall also be permitted to have the resource relisted by following the same procedure.
(3)Â
An owner or any subsequent owner of a Class II historic resource
on the Upper Moreland Township Historic Resources Inventory shall
not be permitted to request deletion of the resource after a conditional
use permit has been approved by the Board of Commissioners under the
provisions of this chapter.
(4)Â
An owner or any subsequent owner of a Class II historic resource
on the Upper Moreland Township Historic Resources Inventory shall
not be permitted to request deletion of the resource after an application
for a building permit or demolition permit has been received by Upper
Moreland Township.
C.Â
Class III historic resource.
(1)Â
A Class III historic resource shall be deleted from the Upper Moreland Township Historic Resources Inventory when the Historical Commission has determined that the resource no longer meets the criteria for listing a resource (§ 23-6) in the Upper Moreland Township Historic Resources Inventory. The Historical Commission shall delete the resource from the inventory within 90 days from the date of determination noted in the preceding sentence. The owner of the Class III historic resource will be notified by the Upper Moreland Township Historical Commission, in writing, with the reasons for the removal of the resource from the inventory.
(2)Â
A Class III historic resource shall be deleted from the Upper Moreland
Township Historic Resources Inventory if the owner sends a written
notification to the Historical Commission directing that the historic
resource be deleted from the inventory. The Historical Commission
shall delete the resource from the inventory within 90 days from the
date of receipt of the written notification.
(3)Â
An owner of a Class III resource that requests deletion of the resource from the Upper Moreland Historic Resources Inventory shall be permitted to have the resource subsequently relisted to the inventory by appearing at a meeting of the Historical Commission and requesting the resource be relisted. The resource shall be relisted at the meeting, provided that it continues to meet the criteria for listing an historic resource (§ 23-6A) to the Upper Moreland Township Historic Resources Inventory and meets the definition of a Class III resource. If the Historical Commission determines that the resource should not be relisted, the owner shall be provided with a written explanation for the determination. A subsequent owner of a Class III resource, the previous owner of which has requested deletion of the resource from the inventory, shall also be permitted to have the resource relisted by following the same procedure.
(4)Â
An owner or any subsequent owner of a Class III historic resource
on the Upper Moreland Township Historic Resources Inventory shall
not be permitted to request deletion of the resource after a conditional
use permit has been approved by the Board of Commissioners under the
provisions of this chapter.
(5)Â
An owner or any subsequent owner of a Class III historic resource
on the Upper Moreland Township Historic Resources Inventory shall
not be permitted to request deletion of the resource after an application
for a building permit or demolition permit has been received by Upper
Moreland Township.
A.Â
Class II or Class III to Class I. If any historic resource with Class
II or Class III status is subsequently listed to the National Register
of Historic Places or designated a national historic landmark, its
status will be changed in the Upper Moreland Township Historic Resources
Inventory to Class I.
B.Â
Class III to Class II. If any Class III historic resource is placed
on the Pennsylvania Historical and Museum Commission List of National
Register Eligible Properties, it shall be changed to Class II status
in the Upper Moreland Township Historic Resources Inventory.
A.Â
Upon the approval, denial, determination, adoption, addition, deletion,
or change of status regarding historic resources on the Upper Moreland
Township Historic Resources Inventory, the Historical Commission shall
promptly provide a copy or record of the action to the Upper Moreland
Township Board of Commissioners. The Historical Commission shall provide
to the Board of Commissioners all pertinent information regarding
the action and information concerning the historic resource, including,
but not limited to, the historic significance of the resource, written
decisions given to the owner, and evidence of the owner's consent,
nonconsent, or objection to adding or deleting the historic resource.
B.Â
The Board of Commissioners shall at a public meeting vote to approve
or not approve the changes or actions as recommended by the Historical
Commission. The historic resource will be considered to be added to,
deleted from, or changed in the Upper Moreland Township Historic Resources
Inventory only upon the approval of the Board of Commissioners. The
effective date of the approval, denial, determination, adoption, addition,
deletion or change of status to the historic resource shall be the
date on which the Board of Commissioners voted to approve or not approve
the change.
C.Â
If the Board of Commissioners does not approve the change, the Board
of Commissioners shall provide a written explanation for the disapproval
to the Historical Commission and to the owner of the historic resource.