3407.3 Special requirements for building permits – historic resources. The following special requirements shall apply to a building permit for an historic building, structure, object or site listed on the Historic Resource Inventory, Chapter A180. Where the historic resource is located in an historic district, the work of the Historical Commission under this section shall be performed by the Historic Architectural Review Board (HARB). Terms set forth herein shall be as defined in § 155-2.1
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1.
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Applicability of special requirements.
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(a)
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No Class I or Class II historic resource on the Historic Resource Inventory, Chapter A180 of the Lower Merion Township Code, may be demolished, in whole or in part, whether deliberately or by neglect, including the removal, stripping, concealing or destruction of any significant exterior architectural features, for whatever purpose, including new construction or reconstruction, unless a building permit therefor is obtained from the Director of Building and Planning in accordance with the procedures and requirements of this section and Chapter 88 and Chapter 155 of the Lower Merion Township Code.
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(b)
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Special requirements shall extend to demolition
by neglect, which shall be defined as the failure to provide ordinary
and necessary maintenance and repair to a building or structure located
in an historic neighborhood, or to an historic resource, except for
ruins existing at the time of adoption of this section, whether by
ordinary negligence or willful neglect, purpose or design, by the
owner or any party in possession thereof, which results in any of
the following conditions:
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(i)
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The deterioration of exterior features so as
to create or permit a hazardous or unsafe condition to exist.
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(ii)
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The deterioration of exterior walls, roofs,
chimneys or windows; the lack of adequate waterproofing; or deterioration
of interior features or foundations which will or could result in
permanent damage or loss of exterior features.
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(iii)
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Demolition by neglect includes having a building
or structure open or vulnerable to vandalism or decay by the elements.
Unoccupied resources shall be securely sealed and barred off and the
utilities turned off for safety as per the most current construction
techniques for historic structures.
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(c)
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These provisions shall not be construed to prevent
the ordinary maintenance or repair of any historic building, structure
or site where such work does not otherwise require a permit and where
the purpose and effect of such work is to correct any deterioration
or decay of, or damage to, a building, structure or site and to restore
the same to its condition prior to the occurrence of such deterioration,
decay or damage.
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2.
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Procedure for obtaining building permit.
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(a)
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The applicant shall submit one copy of an application for a building permit to the Director of Building and Planning in a form acceptable to the Township. If the Director of Building and Planning determines that the permit request is for the demolition of a building, structure or site on the Historic Resource Inventory, Chapter A180 of the Lower Merion Township Code, he shall not issue the building permit and the application shall be forwarded to the Historical Commission.
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(b)
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Information to be provided. In addition to the
other requirements of this section, an applicant seeking a permit
to demolish an historic resource on the Historic Resource Inventory
shall provide the following information:
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(i)
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Name and address of owner of record.
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(ii)
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Site plan showing all buildings and structures
on the property.
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(iii)
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Recent photographs of the resource proposed
for demolition.
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(iv)
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Reasons for the demolition.
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(v)
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Proposed method of demolition.
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(vi)
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Intended future use of the site and of the materials
from the demolished resource.
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(vii)
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Historic resource impact study, as provided in § 155-7.1J, unless the Director of Building and Planning determines all or a portion thereof not to be pertinent to the application.
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(viii)
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Where applicable, plans showing any proposed
new construction or reconstruction.
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(c)
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Acceptance for filing. Where the Director of Building and Planning has determined that the permit request is for the demolition of a building, structure or site on the Historic Resource Inventory, Chapter A180 hereof, he shall have seven days from the date of submission of the application to check the plans and documents to determine if on their face they are in property form and contain all information required by this chapter. If defective, the application may be returned to the applicant within the seven-day period, with a statement of rejection; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Director of Building and Planning under this section to the Board of Commissioners.
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3.
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The applicant or the Director of Building and
Planning shall, within 10 days from the filing of a complete application,
post a notice on the property indicating that the owner has applied
for a permit to demolish an historic resource on the property. The
notice shall state whether the applicant intends to remove or substantially
alter the resource or to construct a structure which may diminish
the nature, extent or visual impact of the resource. The notice shall
be posted on each street frontage of the premises with which the notice
is concerned and shall be clearly visible to the public. Posting of
a notice shall not be required in the event of an emergency which
is determined by the Director of Building and Planning to require
immediate action to protect the health or safety of the public.
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4.
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Review by Historical Commission. Within 45 days
of receipt of a complete application from the Director of Building
and Planning, the Historical Commission, at a regular or special meeting,
shall review the application for demolition. The applicant will be
notified of such meeting at least 10 days prior to its date and shall
have the opportunity to present his reasons for filing the application.
The Historical Commission shall consider the following:
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(a)
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The effect of demolition on the historical significance
and architectural integrity of the resource in question and neighboring
historic resources.
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(b)
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Whether the applicant has demonstrated that
he has considered all alternatives to demolition.
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(c)
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Economic feasibility of adaptive reuse of the
resource proposed for demolition.
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(d)
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Alternatives to demolition of the resource.
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(e)
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Whether the resource in its current condition
presents a threat to public safety.
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(f)
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Whether the resource has been intentionally
neglected.
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(g)
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Whether the retention of the resource would
represent an unreasonable economic hardship.
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(h)
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Whether the proposal for demolition or construction
complies with the most current version of the Secretary of the Interior’s
Standards for the Treatment of Historic Properties and Guidelines
for Preserving, Rehabilitating & Reconstructing Historic Buildings.
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5.
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Where the Historical Commission determines that
additional information is needed from the applicant in order to adequately
address the issues enumerated in Section 110.5.2.4. above, request
for such information shall be made, in writing, to the applicant prior
to the expiration of the initial thirty-day review period.
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6.
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Historical Commission recommendation. Within
30 days following conclusion of the meeting and the receipt of additional
requested information, the Historical Commission shall set forth its
recommendations in a written report to the Board of Commissioners.
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(a)
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Immediate approval. After reviewing the building
permit application with attachments, the Commission may recommend:
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(i)
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Approval of the permit, as provided under Section
110.5.3 below; or
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(ii)
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Conditional approval subject to the applicant
providing appropriate documentation of the historical significance
of the resource(s) prior to demolition, in the same manner as provided
in Subsection 110.5.4.2 below.
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(b)
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Delay of demolition. Alternatively, the Commission
may recommend delay of demolition in accordance with Section 110.5.4.
below.
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7.
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Approval of building permit or delay of demolition
by the Board of Commissioners.
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(a)
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Within 30 days after receiving the recommendation
from the Historical Commission, the Board of Commissioners shall consider
the application, together with the recommendations of the Historical
Commission, and vote either to approve the application, approve the
application with changes and/or conditions or defer its decision,
affording a delay of demolition for up to 90 days as set forth in
Section 110.5.4. below. The applicant shall be notified of the meeting
of the Board at least 10 days prior to its date and shall have the
opportunity to present his reasons for filing the application. Within
five days after making its decision, the Board shall provide written
communication of its decision to the applicant, the Historical Commission,
and the Director of Building and Planning.
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(b)
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Issuance of building permit. Where the Board
acts to approve the application, it shall authorize the Director of
Building and Planning to issue the permit. Where the approval is granted
with conditions attached, the Director of Building and Planning shall
be authorized to issue the permit subject to those conditions.
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8.
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Delay of demolition.
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(a)
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The specified period of delay up to 90 days
shall be used to provide an opportunity to engage in discussion with
the applicant about alternatives to demolition of a Class I or Class
II Historical Resource; to allow for appropriate documentation of
the resource as set forth below; and/or for preparation of a financial
analysis, as set forth below for Class I only. The Historical Commission
or the Board of Historical Architectural Review shall make every effort
to communicate with the applicant to inform him of the historical
importance of the resource, its significance to the Township and alternatives
to demolition (additional uses, etc.).
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(b)
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Documentation of historic resources. When ordering
the delay of demolition, the Board of Commissioners may require the
applicant to provide documentation of the resource proposed for demolition.
Such documentation may include, as available, historical data, surveys
and other data provided by local, state and federal historic preservation
organizations and agencies; photographs; floor plans; measured drawings;
archaeological surveys (if appropriate); and any other comparable
form of documentation recommended by the Historical Commission. The
extent of documentation required shall reasonably relate to the architectural
quality and/or historical significance of the resource(s). Where necessary,
the delay shall continue past the stipulated 90 days until the applicant
has sufficiently satisfied the documentation requirements.
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(c)
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For Class II resources, the Historical Commission
shall provide its recommendation on issuance of the permit to the
Board of Commissioners not later than the end of the applicable one-hundred-five-day
review period. The Board of Commissioners shall approve the application
for demolition of Class II resource(s) in accordance with Section
110.5.3 above, within the applicable one-hundred-five-day review period,
whether it receives a recommendation from the Historical Commission
or not.
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(d)
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Special provisions for Class I resources.
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(i)
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In cases where the applicant specifically alleges
that demolition is necessary due to undue economic hardship or the
lack of a reasonable economic alternative, the Board of Commissioners
may, during the period of delay, request that the applicant prepare
and submit a financial analysis to the Board. Where required, such
financial analysis should include the following information, as applicable
and available:
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(i.i)
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Amount paid for the property.
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(i.ii)
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Date of purchase and party from whom purchased,
including a description of the relationship, if any, whether business
or familial, between the owner and the person from whom the property
was purchased.
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(i.iii)
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Assessed value of the land and improvements
thereon according to the most recent assessment.
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(i.iv)
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A pro forma financial statement prepared by
an accountant or broker of record.
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(i.v)
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All appraisals obtained by the owner in connection
with his purchase or financing of the property or during his ownership
of the property, if any.
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(i.vi)
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Bona fide offers to sell or rent the property,
the price asked and offers received, if any.
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(i.vii)
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Any consideration by the owner as to profitable,
adaptive uses for the property and any other practical uses; incentives
which could be offered by the Township to preserve the resource; and
any input from local, state or federal historic preservation and architectural
organizations or agencies.
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(i.viii)
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Where relevant, written estimates of the cost(s)
of restoration and/or renovation from at least two professional restoration
contractors.
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(ii)
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Historical Commission recommendation. Once the
delay of demolition has expired, the Historical Commission shall review
the application again together with any further documentation requested
by the Board of Commissioners at its next regular meeting. The Commission
may recommend to the Board of Commissioners approval of the permit
or, where the Commission does not believe that the applicant has proven
undue economic hardship or the lack of a reasonable alternative, recommend
denial of the permit. The Commission shall communicate its recommendation,
in writing, to the Board of Commissioners within 30 days of the expiration
of the ninety-day delay period.
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(iii)
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Approval or denial of building permit for Class
I resources after delay of demolition
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(iii.i)
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At its next regular meeting after receiving
the recommendation from the Historical Commission, or at a special
meeting if necessary to comply with Section (iii.iii) below, unless
an extension of time has been granted by the applicant, the Board
of Commissioners shall again consider the application, together with
the recommendations of the Historical Commission and any further documentation
which had been requested, and vote either to approve the application
or to approve the application with changes as set forth in Section
110.5.3 above, or to deny the application as set forth below.
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(iii.ii)
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Denial of application. Where the Board acts
to deny the application, a notice of denial shall be sent to the applicant
indicating what changes in the plans and specifications, if any, would
be sufficient to meet the standards of this section.
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(iii.iii)
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Action by the Board of Commissioners, including
appropriate notification to the applicant, shall occur within 60 days
of the expiration of the ninety-day delay period.
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