[1]
Editor's Note: Ord. No. 1154, § 2, adopted April 11, 1994, deleted the provisions formerly codified as Ch. 7, Food and Food Establishments, which provisions were derived from: Ord. No. 483, 5-16-1966; Ord. No. 511, § 1, 7-10-1967; Ord. No. 654, § 1, 8-14-1972; Ord. No. 732, § 1, 12-29-1975; Ord. No. 894, § 1-3, 3-15-1983; Ord. No. 992, § 1, 5-9-1988; Ord. No. 1030, § 1-4, 2-19-1990; Ord. No. 1076, § 1, 6-10-1991.
[Ord. No. 1368, § 1, 12-10-2001]
[Ord. No. 1368, § 1, 12-10-2001]
This District is created for the following purposes:
(a)
Pursuant to Article I, Section 27 of the Pennsylvania Constitution, which states that:
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"The people have a right to clean air, pure water, and the preservation
of the natural, scenic, historic and aesthetic values of the environment.
Pennsylvania's public natural resources are the common property of
all the people, including generations yet to come. As trustees of
these resources, the Commonwealth shall conserve and maintain them
for the benefit of all the people."
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(b)
Now, therefore, it is the purpose and intent of the township to promote,
protect, enhance, perpetuate, and preserve Historic Districts for
the educational, cultural, economic and general welfare of the public
through the preservation, protection and regulation of buildings,
structures, and areas of historic interest or importance within the
township; to safeguard the heritage of the township by preserving
and regulating Historic Districts which reflect elements of its cultural,
social, economic, political and architectural history; to preserve
and enhance the environmental quality of neighborhoods; to strengthen
the township's economic base by the stimulation of the tourist industry;
to establish and improve property values; to foster economic development;
to foster civic pride in the beauty and accomplishments of the township's
past; and to preserve and protect the cultural, historical and architectural
assets of the township for which the township has been determined
to be of local, state or national, historical and/or architectural
significance.
[Ord. No. 1368, § 1, 12-10-2001]
As used in this chapter, the following terms shall have the
indicated meanings:
Any act or process requiring a building permit and any other
act or process not requiring a building permit but specifically listed
in this article as a reviewable action, including without limitation
the repair, replacement, reconstruction, demolition or relocation
or any structure or object, or any part of a structure which is visible
from the public way.
Any structure having enclosing walls and roof, permanently
located on the land.
A municipal employee of or individual retained by the township
designated by Plymouth Township as the individual who enforces compliance
of building and/or fire codes and issues the permit for the erection,
alteration, restoration, reconstruction, demolition or razing of any
building within the Historic District, which includes construction
of new buildings or structures, or changes to existing modern buildings
or structures within the district.
An approval statement signed by the Building Inspector or
Codes Administrator authorizing the construction, alteration, reconstruction,
repair, restoration, demolition or razing of all or a part of any
building (within a Historic District).
The request filed by any person with the Building Inspector
or Codes Administrator that seeks authorization to erect, alter, reconstruct,
repair, restore, demolish, or raze all or a part of any building or
structure within a Historic District that requires a certificate of
appropriateness.
The approval statement signed by Township Council which certifies
to the historical appropriateness of a particular request for the
erection, alteration, restoration, reconstruction, demolition or razing
of any building within the Historic District, which includes construction
of new buildings or structures, or changes to existing modern buildings
or structures within the district and authorizes the issuance of a
building permit for said request.
A completed permit or COA application is an application which
conforms to the submittal criteria for specific historic preservation
projects, as determined by the Historical Architectural Review Board.
The dismantling or tearing down of all or part of any building
and all operations incidental thereto, including neglecting routine
maintenance and repairs which can lead to deterioration and decay.
The absence of routine maintenance and repair which can lead
to a building's or structure's structural weakness, decay and deterioration
resulting in its demolition.
The result of construction such as a building, structure,
monument, sign or object on the ground or on a structure of building.
The agency that advises Township Council on any requests
for authorization to erect, alter, reconstruct, repair, restore, demolish
all or part of any building within a Historic District.
The act or process of applying measures necessary to sustain
the existing form, integrity and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical and plumbing systems and other code-required
work to make properties functional is appropriate within the preservation
project.
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure, or object,
or a part thereof, as it appeared at a specific period of time but
not necessarily of original material.
The act or process of making possible a compatible use for
a property through repair, alterations and additions while preserving
those portions or features which convey its historical, cultural or
architectural values.
The act or process of accurately depicting the form, features
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
A structure, building wall, including special lighting effects
and lighting devices on buildings, or other outdoor surface, or any
device used for the purpose of bringing the subject thereof to the
attention of the public, or to display, identify and publicize the
name and product or services of any person. It shall include a temporary
sign, pylon or pole sign, marquee, awning, canopy or street clock,
and shall include any announcement, declaration, demonstration, display,
illustration, insignia or sound used to advertise or promote the interests
or any person when the same is placed indoors for view of the general
public from out-of-doors. A "roof sign" is a sign erected upon or
supported by the roof of a building. A sign shall not include a flag
of the United States of America, the Commonwealth of Pennsylvania,
the County of Montgomery or any other country.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, but not
to include lighting facilities.
[Ord. No. 1368, § 1, 12-10-2001]
(a)
The Plymouth Township Historic District shall be described as delineated
on a map designated as the Historic District Map of Plymouth Township,
attached to this Ordinance.
(b)
The Historic District Map of Plymouth Township shall be located in
the office of the Building Inspector and made available for public
inspection.
(a)
Composition of the HARB. A Historical Architectural Review Board
(HARB) is hereby established and shall be organized as follows:
(1)
The HARB shall be composed of nine
members, four members to be appointed by Plymouth Township Council
and four members to be appointed by the Board of Supervisors of Whitemarsh
Township and one member to be selected by the eight municipal representatives.
The ninth member so selected may be a resident of either municipality.
Initial terms of members of the HARB shall be as follows:
a.
One member from Plymouth Township and one member from Whitemarsh
Township for a period of one year; one member from Plymouth Township
and one member from Whitemarsh Township for a period of two years;
one member from Plymouth Township and one member from Whitemarsh Township
for a period of three years; and, one member from Plymouth Township
and one member from Whitemarsh Township for a period of four years.
The member chosen by the eight municipal appointees shall serve for
a one-year period of time and the position shall be alternately filled
by a resident of Plymouth Township and a resident of Whitemarsh Township.
Annually, thereafter, all members shall be appointed for a term of
four years except the ninth member who shall be selected for a term
of one year.
(2)
At least one member of the HARB shall be a registered architect,
at least one member of the HARB shall be a building inspector and
at least one member of HARB shall be a licensed real estate broker.
One member may be a Planning Commission member, one may be an attorney.
(b)
Vacancies. Vacancies on the HARB shall be filled within 120 days.
However, every member shall continue in office after expiration of
the term until a successor has been appointed. The position of any
member of the HARB appointed in his capacity such as a registered
architect, a licensed real estate broker, building inspector, etc.,
who ceases to be so engaged shall be automatically considered vacant.
An appointment to fill a vacancy shall be only for the unexpired portion
of the term.
(c)
Conflicts of interest. It shall be the duty of each HARB member to
remain conscious of and sensitive to any possible conflict of interest
(including, but not limited to, financial considerations) which may
arise by virtue of his or her membership on the HARB. A member, promptly
upon his or her determining he or she has a conflict himself or herself
relative to any matter brought, shall disqualify himself or herself
from participating, in any manner, publicly or privately, in the presentation,
discussion or deliberation of and the voting on any such manner, including
temporarily absenting himself or herself from the room in which the
discussion is being held.
(d)
Removal of members. Any HARB member appointed by Township Council
may be removed for misconduct or wrongdoing, unlawful execution of
this Ordinance, or failure to perform his or her responsibilities
pursuant to this Ordinance, or for other just cause by a majority
vote of Township Council, but not before he or she has been given
the opportunity of a hearing to defend to any alleged infractions
of said Ordinance.
[Ord. No. 1368, § 1, 12-10-2001]
(a)
Advisory role. HARB shall give recommendations to Township Council
regarding the advisability of issuing any COA required to be issued
in accordance with the said Act of June 13, 1961, as amended, and
this Ordinance.
(b)
HARB role making power. HARB may make and alter rules and regulations
for its own organization and procedure, provided that they are consistent
with the laws of the commonwealth and all provisions of this Ordinance.
(c)
Annual reports. The members of HARB shall make an annual report to
Township Council which shall include:
(1)
Any recommendations for changes in the Ordinance.
(2)
The number and types of cases reviewed.
(3)
The number of cases for which a COA was either approved or denied.
(4)
Number of HARB meetings which each member attended.
(5)
Historic preservation related training which each member attended.
(6)
A narrative summary describing the state of preservation in the township
Historic District with recommendations in policy, goals and objectives
for Township Council's consideration.
(d)
Meetings. HARB shall meet publicly at regularly scheduled intervals.
Further, HARB may hold any additional meetings it considers necessary
to carry out its powers and duties indicated in this Ordinance. Such
meetings shall be opened to the public. A majority of HARB shall constitute
a quorum, and action taken at any meeting shall require the affirmative
vote of a majority of the HARB.
[Amended 3-14-2022 by Ord. No. 1677]
(e)
Training. HARB members and HARB support staff are encouraged to attend
seminars, conferences or workshops related to historic preservation
and HARB administration.
[Ord. No. 1368, § 1, 12-10-2001]
In addition to the above, HARB shall have the following powers
and duties:
(a)
To conduct a survey of buildings, structures, objects and monuments
for the purpose of determining those of historic and/or architectural
significance and pertinent facts about them; action in coordination
with the Township Planning Agency, Zoning Hearing Board, and other
appropriate groups and to maintain and periodically revise the detailed
listings (resource inventories) of historic resources and data about
them, appropriately classified with respect to national, state and
local significance in accordance or consistent with the Pennsylvania
Historical and Museum Commission's "Cultural Resource Management in
Pennsylvania: Guidelines for Historic Resource Surveys."
(b)
To propose, from time to time, as deemed appropriate, the establishment
of additional Historic Districts and revisions to existing Historic
Districts.
(c)
To formulate recommendations concerning the establishment of an appropriate
system of markers for selected historic and/or architectural sites
and buildings, including proposals for the installation and care of
such historic markers.
(d)
To formulate recommendations concerning the preparation and publication
of maps, brochures and descriptive material about the township historical
and/or architectural sites and buildings.
(e)
To cooperate with and advise Township Council and agencies in matters
involving historically and/or architecturally significant sites and
buildings (such as appropriate land usage, parking facilities and
signs, as well as adherence to dimensional regulations and minimum
structural standards).
(f)
To cooperate with and enlist assistance from the National Park Service,
the National Trust for Historic Preservation, Preservation Pennsylvania,
the Pennsylvania Historical and Museum Commission and other agencies,
public and private, from time to time, concerned with the preservation
of historic sites and buildings.
(g)
To advise owners of historic buildings regarding rehabilitation,
repairs, maintenance methods and technologies, adaptive use, economic
and tax incentives and other historic preservation strategies.
(h)
To advise the owners or developers of new buildings or structures
on the appropriateness of the design, based upon the design guidelines
contained in sec. 7-8.
(i)
To promote public interest in the purpose of this Ordinance by carrying
on educational and public relations programs.
[Ord. No. 1368, § 1, 12-10-2001]
(a)
In determining the recommendations to be made to Township Council
concerning the issuance of a COA, HARB shall consider only those matters
that are pertinent to the preservation of the historical and/or architectural
aspect and nature of the building and structure, site, area, or district,
certified to have historical significance, including the following:
(1)
Broad historical values representing the cultural, political, economic,
or social history of the township.
(2)
The relationship of the building or structure to historic personages
or events.
(3)
Significant architectural types representative of a certain historical
period and a style of method of construction.
(4)
The effect of the proposed change upon the general historical and
architectural nature of the District.
(5)
The appropriateness of the exterior architectural features that can
be seen from a public street or way.
(6)
The general design, arrangement, texture, and material of the building
or structure and the relation of such factors to similar features
of buildings or structures in the District. Consideration shall be
given but not limited to the following:
a.
Proportion of building and structures front facades. Preserving the
relationship between the width of the front of the building and structure
and the height of the front of the building and structure.
b.
Proportion of openings within the building and structure. Preserving
the relationship of width to height of windows and doors.
c.
Rhythms of solids to voids in the front facade. Preserving the relationship
between a recurrent alteration of strong and weak architectural elements
thereby maintaining a rhythm of solids to voids.
d.
Rhythm of spacing of building and structures on streets. Preserving
the existing rhythm of recurrent or repeated building and structure
masses to spaces between each building and structure.
e.
Rhythm of entrance and/or porch projections. Preserving the existing
rhythm of entrances or porch projections to maintain a pedestrian
scale.
f.
Relationship of materials. Preserving the predominant materials of
the district such as brick, stone, stucco, wood siding, or other material.
g.
Relationship of textures. Preserving the predominant textures of
the district which may be smooth such as stucco or rough such as brick
with tooled joints or horizontal wood siding or other textures.
h.
Relationship of architectural details. Preserving the character defining
features of building and structures, such as architectural details,
including but not limited to cornices, lintels, arches, quoins, balustrades
and iron work, chimneys, etc.
i.
Relationship of roof shapes. Preserving compatible roof shapes such
as gable, mansard, hip, flat, gambrel, and/or other kinds of roof
shapes.
j.
Walls of continuity. Preserving physical elements which comprise
streetscapes such as stone or brick walls, wrought iron fences, building
and structure facades or combinations of these which form visual continuity
and cohesiveness along the street.
k.
Directional expression of front elevation. Preserving the orientation
of structural shapes, plan of openings and architectural detail that
reflect a predominately vertical or horizontal character to the building
and structure facade.
l.
Scale. Preserving the scale of the built environment created by the
size of units of construction and architectural detail that relate
to the size of persons. In addition, preserving building and structure
mass relation to open space.
(7)
Variations. The HARB shall grant variations in a manner that will
be in harmony with the character of the other buildings or structures
on the street and/or districts.
(8)
The height of any new building or structure shall not exceed the
height of the tallest adjacent building or structure by 10%. This
requirement shall also apply to any proposed modifications to existing
buildings or structures.
(9)
In such rare cases where the HARB recommends and Township Council
approves demolition of a historic building or structure, a good faith
effort shall be made by the township and the owner(s) to move said
building or structure to a proximate site. If moving a building or
structure slated to be demolished is economically or practically infeasible,
efforts shall be made to salvage architectural features of said building
or structure for use within the township. Prior to such demolition,
the building or structure shall be documented with photographs and
measured drawings that are to be provided to the Plymouth Meeting
Historical Society.
(10)
All other township laws and ordinances shall be complied with
as appropriate, including the Zoning and Subdivision Ordinances.
(11)
Financial feasibility. The HARB shall consider the financial
feasibility of its recommendations in response to a request for a
COA or buildings permit for the erection, reconstruction, alteration,
and restoration of a building or structure. Financial feasibility
shall be determined by the HARB on the basis of an unreasonable cost
for repair or replacement in-kind of whole or part of a building or
structure.
(b)
The applicant shall submit a minimum of three estimates from bona
fide contractors and/or vendors substantiating his or her claim that
the financial feasibility of repair in-kind is unreasonable. The HARB
shall determine as to the condition of said architectural feature
based on its inspection, photographs or report from the Building Inspector
or preservation staff or consultant. No substitute material shall
be approved which is inappropriate, incompatible, or is destructive
or has the potential to be destructive to the original fabric of the
building or structure.
[Ord. No. 1368, § 1, 12-10-2001]
(a)
No sign or permanent external advertising display of any kind shall
be erected, altered or used in the Historic District except for advertising
informing the public of service, business, occupation or profession
carried on, in or about the property on which such sign or permanent
external advertising display appears. In conjunction with this, no
such sign or advertising display of any kind or for any purpose shall
be erected or altered, notwithstanding zoning sign approval, until
an application for permit to make such erection or alteration has
been reviewed by HARB for its conformity in exterior material composition,
exterior structural design, external appearance and size with similar
advertising or information media used in the architectural period
of the district and a permit granted thereon.
(b)
All other requirements of any township ordinance must be complied
with. Historical markers may be authorized by HARB subject to the
provisions stipulated, and such markers shall not be considered as
signs but are to be erected in accordance with the requirements established
for historic markers by HARB.
[Ord. No. 1368, § 1, 12-10-2001]
(a)
Procedures. Upon receipt of a completed application for a building
permit or a COA for work to be done in the District, the Building
Inspector shall act in accordance with the procedures being followed
in that office, except those procedures that are modified by the following
requirements:
(1)
The Building Inspector shall determine whether the work proposed
needs to be forwarded to HARB staff for administrative approval review.
If not, he shall forward copies of the completed application for a
building permit, together with copies of any plot plan and building
plans and specifications filed by the applicant to HARB.
(2)
The Building Inspector shall not issue a building permit for any
erection, alteration, reconstruction, repair, restoration or demolition
of all or part of any building in the District until Township Council
has issued a COA. If the building inspector or his or her representative
issues a building permit without a COA due to an administrative or
clerical error, said building permit shall be voided.
(3)
The Building Inspector shall require applicants to submit a sufficient
number of additional copies of material required to be attached to
a completed application for a building permit or COA so that the information
needed to make the determination set forth in subsection (g)(1) through
(8) will be available.
(4)
The Building Inspector shall maintain in his office a record of all
such applications and final dispositions of the same.
(b)
HARB review of applications. Upon receipt of a completed building
permit or COA application under the jurisdiction of this Ordinance,
HARB shall consider such at its next regularly scheduled meeting or
special meeting.
(c)
Notification of application or HARB meeting. The owner of record
or his or her representative(s) applying for a COA and/or a building
permit shall be advised of the time and place of said meeting and
be invited to appear to explain his or her reasons at least 10 days
before the HARB meeting. HARB may invite such other persons as it
desires to attend its meeting.
(d)
Design guidelines. In determining both oral and written recommendations
to be presented to Township Council concerning the issuance of a COA
authorizing the erection, alteration, restoration, reconstruction,
demolition, demolition by neglect, or razing of any building within
the Historic District, which includes construction of new buildings
or structures, or changes to existing modern buildings or structures
within the district, HARB shall consider the design guidelines set
forth in secs. 7-8 and 7-9 and such design guidelines developed by
the HARB pursuant to and congruent with the objectives of this Ordinance.
(e)
Time frame for HARB decision. HARB shall render a decision and recommendation
on any application for a building permit under its review no later
than 30 working days after the hearing/meeting provided for in sec.
7-6(d) of the Ordinance and shall submit, in writing, to Township
Council recommendations concerning the issuance of a COA.
(f)
Application disapproval by HARB. If the HARB decides to advise against
the granting of a COA, it shall so indicate to the applicant for a
building permit. The disapproval shall indicate to the applicant the
changes in plans and specifications, if any, which would protect the
distinctive historical character of the Historic District and the
architectural integrity of the building or structure. The HARB shall
withhold its report for five days to allow the applicant to decide
whether or not to make the suggested changes in his plans and specifications.
If the applicant determines that he or she will make the necessary
changes, he or she shall so advise the HARB, which shall in turn advise
Township Council accordingly.
(g)
Contents of written report. The written report to Township Council
concerning HARB's recommendations on the issuance of a COA shall set
out the findings of fact which shall include but not be limited to
the following matters:
(1)
The exact location of the area in which the work is to be done.
(2)
The exterior changes to be made or the exterior character of the
structure to be erected.
(3)
A list of the surrounding structures with their general exterior
characteristics.
(4)
The effect of the proposed change upon the general historic and architectural
nature of the District.
(5)
The appropriateness of exterior architectural features of the building
which can be seen from a public street or way.
(6)
The general design, arrangement, texture and material of the building
or structure and the relation of such factors to similar features
of building or structures in the District.
(7)
The opinion of HARB (including any dissent) as to the appropriateness
of the work or project proposed as it will preserve or destroy the
historic character and nature of the District.
(8)
The recommendation of HARB based on findings of fact as the issuance
by Township Council or its refusal to issue a COA.
(h)
Notification of applicant by Township Council of its consideration. Upon receipt of the written report from HARB as provided in subsection (g) above, Township Council shall consider at the next regularly scheduled or special meeting the question of issuing to the Building Inspector a COA authorizing a permit for work covered by the application. The applicant shall be advised by the Township Manager of the time and place of the meeting at which the application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing this said application.
(i)
Design guidelines. In determining whether or not to certify to the
appropriateness of the proposed erection, alteration, reconstruction,
repair, restoration or demolition, of all or a part of any building
or structure within the Historic District, Township Council shall
consider the factors set forth in secs. 7-8 and 7-9 of this Ordinance
and the HARB report to Township Council.
(j)
Approval by Township Council. If Township Council approves the application,
it shall issue a COA authorizing the Building Inspector to issue a
permit for the work covered.
(k)
Disapproval by Township Council.
a.
If Township Council disapproves, a written reason(s) shall be given
to the Building Inspector, the applicant and to the Pennsylvania Historical
and Museum Commission. The disapproval shall indicate what changes
in the plans and specifications would meet the conditions for protecting
the distinctive historical character of the district and the architectural
integrity of the building or structure.
b.
Upon receipt of a written disapproval of Township Council, the Building
Inspector shall disapprove the application for a building permit and
so advise the applicant. The applicant may appeal this disapproval
to the Court of Common Pleas of Montgomery County, Pennsylvania, within
the time specified by the law.
(l)
Final notification by Township Council. In either case of approval
or disapproval, the township shall notify the applicant of its decision
in writing within five days of its meeting at which the application
was considered.
[Ord. No. 1368, § 1, 12-10-2001]
(a)
When a claim of unreasonable economic hardship is made due to the
effect of this Ordinance, the owner of record must present evidence
sufficient to prove that, as a result of the HARB's action, the owner
is unable to obtain a reasonable return or a reasonable beneficial
use from a resource. The owner of record shall submit by affidavit
to the HARB some or all of the information below at the discretion
of the HARB which shall include, but not be limited to, the following:
(1)
Date the property was acquired by its current owner.
(2)
Price paid for the property (if acquired by purchase) and a description
of the relationship, if any, between the buyer and the seller of the
property.
(3)
Mortgage history of the property, including current mortgage and
the annual debt service, if any, for the previous two years.
(4)
Current market value of the property.
(5)
Equity in the property.
(6)
Past and current income and expense statements for the past two years.
(7)
Past capital expenditures during ownership of current owner.
(8)
Appraisals of the property obtained within the previous two years.
(9)
Income and property tax factors affecting the property.
(10)
All appraisals obtained within the previous two years by the
owner or applicant in connection with purchase, offerings for sale,
financing or ownership of the property, or state that none was obtained.
(11)
All studies commissioned by the owner as to profitable renovation,
rehabilitation or utilization of any structure or objects on the property
for alternative use, or a statement that none was obtained.
(12)
Estimate(s) of the cost of the proposed erection, reconstruction,
alteration, restoration, demolition or razing and an estimate(s) of
any additional cost(s) that would be incurred to comply with the recommendation
of the HARB for changes necessary for it to approve a COA.
(13)
Form of ownership or operation of the property, whether sole
proprietorship, for-profit or nonprofit corporation, limited partnership,
joint venture or other.
(b)
The HARB may require that an applicant furnish additional information
relevant to its determination of unreasonable economic hardship.
(c)
The HARB may receive and consider studies and economic analyses from
other township agencies and from private organizations relating to
the property in question.
(d)
Should the HARB determine that the owner's present return is not
reasonable, it must consider whether there are other uses currently
allowed that would provide a reasonable return and whether such a
return could be obtained through investment in the property for rehabilitation
purposes. The HARB may choose to recommend to the township that special
economic incentives be developed to assist the owner of the resource
in maintaining it and obtaining a suitable economic return or achieving
a reasonable beneficial use.
(e)
The HARB may seek the assistance of appropriate local, statewide
or national preservation organizations in developing solutions which
would relieve the owner's economic hardship. If the HARB chooses to
explore such options, the HARB may delay issuing a COA for demolition
on the basis of economic hardship for a period of 90 days in addition
to time periods otherwise applicable.
(f)
Should the applicant satisfy the HARB that the applicant will suffer
an unreasonable economic hardship if a COA is not approved, and should
the HARB be unable to develop with the township or appropriate local,
statewide and national preservation organization a solution which
can relieve the owner's economic hardship, the HARB must recommend
a COA for demolition.
[Ord. No. 1368, § 1, 12-10-2001]
All buildings and structures within the township Historic District
shall be maintained in good repair, structurally sound, and reasonably
protected against decay and deterioration. Examples of such deterioration
include:
(a)
Deterioration of exterior walls or other vertical supports.
(b)
Deterioration of roofs or other horizontal members.
(c)
Deterioration of exterior chimneys.
(d)
Deterioration of crumbling or exterior stucco or mortar.
(e)
Ineffective waterproofing of exterior walls, roofs, or foundations,
including broken window or doors.
(f)
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that a demolition is necessary for the
public safety.
[Ord. No. 1368, § 1, 12-10-2001]
The Building Inspector shall serve a notice of violation on
the person in violation of this Ordinance which would result in but
not be limited to failure to apply for a COA or a building permit
required for the erection, reconstruction, alteration, restoration,
demolition, demolition by neglect, or razing of any building or structure
which can be seen from a public way and failure to comply with HARB-approved
work. Such notice shall direct the abatement of said violation.
[Ord. No. 1368, § 1, 12-10-2001]
The Building Inspector or his designated representative shall
have the power to institute any proceedings at law or in equity necessary
for the enforcement of this Ordinance.
[Ord. No. 1368, § 1, 12-10-2001]
Any person violating any of the provisions of this chapter shall,
upon conviction, be sentenced to pay a fine not to exceed the maximum
fine of $1,000, plus costs of prosecution, and, in default of payment
of such costs and prosecution, imprisonment for a term not exceeding
30 days; provided, however, that if the District Justice determines
that the defendant is without the financial means to pay the fines
and costs immediately or in a single remittance, such defendant shall
be permitted to pay the fines or costs in installments and over such
period of time as the District Justice deems to be just.
[Ord. No. 1368, § 1, 12-10-2001]
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officer of this
township, in addition to other remedies, may institute in the name
of the township any appropriate action or proceeding, whether by legal
process or otherwise, to prevent such unlawful work and to restrain
or abate such violation.
