[HISTORY: Adopted by the Board of Supervisors of the Township
of Leacock 5-2-2017 by Ord. No.
137. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 110.
This chapter shall be known as the "Demolition Permit Ordinance."
The demolition permitting process is intended to promote the
general health, safety and welfare of Leacock Township by achieving
the following goals:
A.
Preservation of the character of Leacock Township;
B.
Preservation and protection of the natural, historic and cultural
resources of Leacock Township;
C.
Preservation of the local heritage by recognition;
D.
Establishment of a clear process by which proposed demolitions are
reviewed and permitted by the Township;
E.
Encouragement of the continued use of existing buildings and facilitation
of their appropriate reuse;
F.
Preservation of historic settings and landscapes;
G.
Coordination of the Township's future land use to allow for
growth while preserving the agricultural makeup of the Township; and
H.
Implementation of the sections of the Pennsylvania Municipalities
Planning Code (MPC)[1] pertaining to the protection and preservation of natural,
scenic and historic features and resources as well as the regulation
of uses and buildings at or near places having unique historical,
architectural or patriotic interest or value.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The demolition Permit Ordinance shall apply to all buildings
(as defined herein) in Leacock Township, Lancaster County, Pennsylvania.
Provisions related to the demolition of buildings in this chapter
shall supersede all other provisions related to demolition as may
be found in other Township ordinances.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure used for a residence, business, industry, or
other public or private purpose, or accessory thereto, and including
covered porches, greenhouses, stables, garages, roadside stands, mobile
homes and similar structures, whether stationary or movable, but excluding
fences and walls which are part of the landscaping, signs, steps and
awnings. For the purposes of this chapter and the administration of
demolition permits, buildings shall be categorized in the following
ways:
HISTORIC AGRICULTURAL BUILDINGA building that meets all of the following requirements:
DESIGNATED HISTORIC BUILDINGA building that meets any one of the following requirements:
Listed in the National Register of Historic Places;
Determined eligible for listing in the National Register of
Historic Places, either individually or as a contributing resource
in an historic district;
A contributing resource in a locally designated historic district;
or
Included on a list of historic resources officially adopted
by Leacock Township.
HISTORIC BUILDINGA building that meets all of the following requirements:
NONHISTORIC BUILDINGA building constructed after the year 1940. (NOTE: An agricultural building built after 1940 is considered to be a nonhistoric building.)
To tear down, raze, destroy, remove, relocate or do away
with, either in whole or in part.
A person meeting the professional qualifications standards
for architectural history as published in the Code of Federal Regulations,
36 CFR Part 61.
A.
General. The demolition, removal or relocation of all buildings shall be regulated in accordance with this section. No building shall be demolished, removed, or otherwise relocated in whole or in part without a permit obtained under this provision, except for emergency demolitions (as described in Subsection E, below).
C.
Historic building. Demolition of historic buildings shall be considered in accordance with the procedures set forth in § 90-9C of this chapter.
D.
Designated historic building. Demolition of designated historic buildings
shall be prohibited.
E.
Emergency demolition. Emergency demolition of buildings to protect
the health, safety, and welfare of the citizens of Leacock Township
is regulated under the Uniform Construction Code and/or the International
Property Maintenance Code, as amended, and the provisions of those
codes shall take precedence over the provisions contained herein.
All applications for a demolition permit shall be made to the
Zoning Officer and shall be accompanied by the payment of such fees
as established by the Board of Supervisors from time to time by resolution.
All applicants for a demolition permit shall submit the following
to the Zoning Officer:
A.
Application. The Leacock Township application for demolition permit.
B.
Evidence and documentation. Sufficient and complete evidence and
documentation for the Zoning Officer to determine whether the building
is a nonhistoric building, a historic agricultural building, a historic
building, or a designated historic building.
C.
Site plan. A site plan depicting at a minimum the following information:
(1)
All existing buildings, driveways, and other man-made features on
the property;
(2)
All historic buildings and designated historic buildings;
(3)
All proposed demolition;
(4)
A clear photograph of each building proposed for demolition;
(5)
The zoning district in which all buildings proposed for demolition
fall; and
D.
Additional information. Additional information as requested by the
Zoning Officer.
A.
Stakeholder notification. If a demolition permit application for
an historic agricultural building, historic building, or designated
historic building is received and determined to be complete, the Zoning
Officer shall notify the following stakeholders by email within two
days of determining that an application is complete:
B.
Stakeholders who wish to document buildings prior to demolition shall
notify Leacock Township and the property owner at least 24 hours prior
to their arrival on the property.
C.
The demolition permit shall not be issued for two weeks (14 calendar
days) following stakeholder notification to allow adequate opportunity
to document the building.
In addition to the general application requirements, applicants
may also be required to provide additional information based on building
age and significance.
A.
Nonhistoric building. Demolition of a nonhistoric building shall
adhere to the following procedures:
(1)
Complete applications for a demolition permit shall be submitted
to the Zoning Officer. The Zoning Officer shall review the application
for accuracy and completion.
(2)
Incomplete or inaccurate applications will not be accepted by the
Zoning Officer and will have to be resubmitted.
(3)
If the Zoning Officer approves the application for demolition, the
permit shall be issued and the applicant shall be notified within
three days of receipt of the application.
B.
Historic agricultural building. Demolition of an historic agricultural
building shall adhere to the following procedures:
(1)
Complete applications for a demolition permit shall be submitted
to the Zoning Officer. The Zoning Officer shall review the application
for accuracy and completion.
(2)
The Zoning Officer shall determine whether the application is complete
and shall notify the applicant of findings within two weeks (14 calendar
days) of receiving the application. Incomplete or inaccurate applications
will not be accepted by the Zoning Officer and will have to be resubmitted.
C.
Historic building. Demolition of an historic building shall adhere
to the following procedures:
(1)
Complete applications for a demolition permit shall be submitted
to the Zoning Officer 30 days before the Board of Supervisors'
next regularly scheduled meeting.
(2)
In addition to the general application requirements, the applicant
shall also submit a written statement as to whether the below statements
are correct and provide detailed substantiation for each statement
that is believed to be correct. In each instance the burden is on
the property owner to demonstrate that the property owner has been
deprived of any profitable use of the relevant parcel as a whole.
The decision of the Board of Supervisors shall be based upon a review
of the information submitted by the applicant against all criteria
and not any one criterion. The goals and development objectives of
the municipality shall also be considered. The required statements
are as follows:
(a)
It is not feasible to continue the current use of the building.
(b)
Other uses permitted within the zoning district, either as permitted
uses, special exception uses, or conditional uses, have been denied
or are not feasible due to constraints on the property.
(c)
Adaptive use opportunities do not exist due to constraints related
to the building.
(d)
The building, its permitted use, and adaptive use potential
do not provide a reasonable rate of return, based on a reasonable
initial investment. Such reasonable rate of return shall be calculated
with respect to the property taken as a whole.
(e)
Neither the applicant nor the owner contributed to the existing
conditions, either through neglect or prior renovation, conversion,
alteration, or similar physical action to the building.
(f)
The demolition will not adversely affect the character of the
property, streetscape, neighborhood, or the community.
(g)
A proposed new building or use (if applicable) on or of the
property will not adversely affect the character of the streetscape,
neighborhood, or community.
(h)
The building is structurally unsound.
(j)
Sale of the building is impossible or impractical.
(k)
Denial of demolition will deprive the property as a whole of
beneficial use.
(3)
The Zoning Officer shall determine whether the application is complete
and shall notify the applicant of findings within two weeks (14 calendar
days) of receiving the application. Incomplete or inaccurate applications
will not be accepted by the Zoning Officer and will have to be resubmitted.
(5)
The written recommendations of the Zoning Officer shall be forwarded
to the Board of Supervisors for review at least two weeks (14 calendar
days) before the Board of Supervisors' next regularly scheduled
meeting.
(6)
The Board of Supervisors shall consider the recommendations as well
as the community goals set forth in the comprehensive plan.
(7)
The applicant shall be invited to attend the meeting and address
the issue of the application if he/she so desires.
(8)
The Board of Supervisors shall, within 45 days of receiving a complete
application, render a decision either approving, conditionally approving,
or disapproving the application for a permit. If no decision is rendered
on the application within 45 days, the application shall be deemed
to be approved and the permit shall be deemed to have been granted
immediately, unless the applicant has agreed in writing to an extension
of time.
(9)
The applicant shall be notified of the determination of the Board
of Supervisors within two weeks (14 days).
(10)
If the Board of Supervisors approves the application for demolition
of a building that is an historic building, the applicant shall meet
the following requirements before the permit is issued:
(a)
Approval of the land development plan by the Board of Supervisors,
if necessary;
(b)
Issuance of any necessary zoning approvals;
(c)
Recording of the approved final subdivision and/or land development
plan for the parcel where the demolition is proposed, if necessary;
(d)
The building(s) to be demolished has been historically and photographically
documented the extent of which will be determined by a qualified historic
preservation professional; and
(e)
The building(s) shall be dismantled and recycled to the greatest
extent possible, and the applicant shall provide a plan for the salvage
of architectural features and/or building materials.
D.
Designated historic resource. Demolition of designated historic resources
is prohibited.
Any final decision made by the Board of Supervisors with respect
to the issuance or denial of a demolition permit hereunder may be
appealed within 30 days of the date of the final decision under the
provisions of the Pennsylvania Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
A.
The Zoning Officer is hereby delegated with the responsibility and
authority to enforce the provisions of this chapter.
B.
In addition to the enforcement provisions found in this chapter,
the Board of Supervisors may authorize action to withhold issuance
of any and all zoning and building permits for a period of up to three
years for any property that, at the time of the enactment of these
provisions, was occupied by a building that was subsequently demolished,
removed or relocated without the issuance of a permit as required
herein.
C.
Any person, firm or corporation violating or permitting the violation
of any provision of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
civil penalty of not more than $500 plus all court costs, including
reasonable attorney's fees incurred by the Township as a result
thereof.
D.
The Board of Supervisors may take other appropriate action, which
may include equitable and injunctive relief, to enforce the provisions
of this chapter.
If the literal compliance with any mandatory provision hereof
is shown by the applicant to be unreasonable or to cause undue hardship,
or if the applicant shows that an alternative proposal will allow
for equal or better results, the Board of Supervisors may grant a
waiver from such mandatory provision, so that substantial justice
may be done and the public interest secured while permitting reasonable
demolition. The granting of such a waiver, however, shall not have
the effect of making null and void the intent and purpose of this
chapter.
If any article, section, subsection provision, regulation, limitation,
restriction, sentence, clause, phrase or word in the Demolition Permit
Ordinance is declared for any reason to be illegal, unconstitutional
or invalid by any court of competent jurisdiction, such decision shall
not affect or impair the validity of the Demolition Permit Ordinance
as a whole, or any other article, section, subsection provision, regulation,
limitation, restriction, sentence, clause, phrase, word or remaining
portion of the Demolition Permit Ordinance. The Board of Township
Supervisors hereby declares that it would have adopted the Demolition
Permit Ordinance and each article, section, subsection provision,
regulation, limitation, restriction, sentence, clause, phrase and
word thereof, irrespective of the fact that anyone or more of the
articles, sections, subsections, provisions, regulations, limitations,
restrictions, sentences, clauses, phrases or words may be declared
illegal, unconstitutional or invalid.
This chapter shall become effective five days after enactment
by the Board of Supervisors of Leacock Township.
