[Ord. 2003-06, 8/21/2003, § 600]
1.
Building Inspector Review. Upon receipt of a completed application
for a building permit 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. The Building Inspector shall not issue a building permit
for any construction, alteration, reconstruction, repair, restoration
or demolition of all or part of any building in the Historic District
(excluding minor repairs and maintenance, painting, interior projects,
or projects that cannot be seen from the public way) until the Board
of Supervisors has issued a certificate of appropriateness. If the
Building Inspector or his or her representative issues a building
permit without a certificate of appropriateness due to an administrative
or clerical error, said building permit shall be voided.
A.
The Building Inspector shall determine whether the work proposed constitutes a minor repair or maintenance (see definition of alteration in § 11-201), in which case the Building Inspector will grant the permit, or if the application constitutes an alteration requiring HARB review and a certificate of appropriateness from the Board of Supervisors. Should the application require a certificate of appropriateness, the Building Inspector shall forward copies of the application together with copies of any plot plan and building plans and specifications filed by the applicant to HARB. The Building Inspector shall maintain in his office a record of all such applications and final dispositions of the same.
B.
The Building Inspector shall require the applicant to submit a sufficient number of additional copies of material required to be attached to a completed application so that the information needed to make the determination set for in Subsection 7 will be available.
C.
The Building Inspector shall coordinate application review in a timely
manner with other Township commissions and boards, where applicable,
and particularly where applicants are undergoing the subdivision and
land development review process.
2.
HARB Review of Applications. Upon receipt of a completed building
permit application from the Building Inspector, HARB shall consider
such at its next regularly scheduled meeting or special meeting called
by the HARB Chairman.
3.
Notification of Application of HARB Meeting. The owner of record
or his or her representative(s) applying for a certificate of appropriateness
shall be advised of the time and place of said meeting at least 10
days before the HARB meeting and be invited to appear to explain his
or her application.
4.
Design Guidelines. In determining recommendations to be presented to the Board of Supervisors concerning the issuance of a certificate of appropriateness, HARB shall consider the design guidelines set forth in §§ 11-501 and 11-502, and such guidelines developed by HARB pursuant to the objectives of this chapter.
5.
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 45 working days after the hearing/meeting provided for in § 11-402 and shall submit, in writing to the Board of Supervisors, recommendations concerning the issuance of a certificate of appropriateness. This time frame can be extended by either party by mutual consent and if agreed upon in writing. Should a recommendation not be issued by HARB within 45 working days or within a mutually agreed extended time frame, the Building Inspector will forward the application to the Board of Supervisors, the latter of which will assume HARB has recommended a certificate of appropriateness.
[Amended by A.O.]
6.
Should the application be for a demolition, HARB may request the
Board of Supervisors for a delay of demolition, not to exceed 90 days,
to work with the applicant to explore all alternatives to demolition.
7.
Recommendation of Disapproval. If HARB decides to advise against the granting of a certificate of appropriateness, it shall so indicate either orally or in writing to the applicant. The disapproval shall indicate to the applicant the changes in plans and specifications, if any, which would protect: (a) the distinctive historical character of the Historic District; and (b) the architectural integrity of the building or structure. HARB shall withhold its report for five days (which may be in addition to the 45 days described in Subsection 5 or the ninety-day delay of demolition described in Subsection 6 above) 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 HARB, which shall in turn advise the Board of Supervisors accordingly in a written report.
8.
Contents of Written Report. The written report to Board of Supervisors
concerning HARB's recommendations on the issuance of a certificate
of appropriateness shall set out the findings of fact that shall include,
but not be limited to, the following matters:
A.
The exact location of the area in which the work is to be done.
B.
The exterior changes to be made or the exterior character of the
structure to be constructed.
C.
A list of the surrounding structures with their general exterior
characteristics.
D.
The effect of the proposed change upon the general historic and architectural
nature of the district.
E.
The appropriateness of exterior architectural features of the building
that can be seen from a public street or way.
F.
The general design, arrangement, texture, and material of the building
and the structure and the relation of such factors to similar features
of building or structures in the district.
G.
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.
H.
The specific recommendations of HARB based on findings of fact as
to the issuance by the Board of Supervisors or its refusal to issue
a certificate of appropriateness.
9.
Board of Supervisors' Review.
A.
Upon receipt of the written report from HARB as provided in Subsection 7 above, the Board of Supervisors shall consider at the next regularly scheduled meeting (assuming the information from HARB can be submitted to the Board of Supervisors in a timely manner or in its regular pre-meeting packet) the question of issuing to the Building Inspector a certificate of appropriateness authorizing a permit for work covered by the application. The Township shall advise the applicant of the time and place of the meeting. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing this said application.
B.
Design Guidelines and HARB Recommendations. In determining whether or not to certify to the appropriateness of the proposed construction, alteration, reconstruction, repair, restoration or demolition, of all or a part of any building within the Historic District, the Board of Supervisors shall consider the same factors as HARB set forth in §§ 11-501 and 11-502 and HARB's written recommendations.
10.
Approval by the Board of Supervisors. If the Board of Supervisors
approves the application, it shall issue a certificate of appropriateness
authorizing the Building Inspector to issue a (building) permit for
the work covered.
11.
Disapproval by the Board of Supervisors. If the Board of Supervisors
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: (a) the distinctive historical
character of the District; and (b) the architectural integrity of
the building or structure. Upon receipt of a written disapproval of
the Board of Supervisors, the Building Inspector shall disapprove
the application for a building permit and so advise the applicant.
12.
Appeal. The applicant may appeal this disapproval to the County Court
of Common Pleas within the time specified by law.
13.
Final Notification by the Board of Supervisors. In either case of
approval or disapproval the Franklin Township Board of Supervisors
shall notify the applicant of its decision within five days of its
meeting at which the application was considered.
14.
Documentation of Historic Building or Structure to Be Demolished.
In such rare cases where the Board of Supervisors approves demolition
of a historic building or structure, the Board of Supervisors may
require the applicant to provide a professionally prepared historic
structures report to the Township that provides photographs (interior
and exterior), description of resource (interior and exterior), site
plans, measured drawings, and a history of the resource.
15.
Moving a Historic Building or Structure. In such rare cases where
the Board of Supervisors 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.
