Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland 5-16-1974 by Ord. No. 41-74. Amendments noted where applicable.]
GENERAL REFERENCES
Historical Commission — See Ch. 10, Art. III.
Subdivision and land development — See Ch. 175.
Zoning — See Ch. 200.

§ 101-1 Legislative authority.

In accordance with the provisions of an Act No. 167, dated June 13, 1961, of the General Assembly of the Commonwealth of Pennsylvania, and the amendment, Act 24, dated April 23, 1963,[1] the Board of Supervisors of East Whiteland Township, Chester County, Pennsylvania does ordain:
"An Act authorizing counties, cities, boroughs, incorporated towns and townships to create historic districts within their geographic boundaries; providing for the appointment of Boards of Historical Architectural Review; empowering governing bodies of political subdivisions to protect the distinctive historical character of these districts and to regulate the erection, reconstruction, alteration, restoration, demolition or razing of buildings within the historic districts."
[1]
Editor's Note: See 53 P.S. § 8001 et seq.

§ 101-2 Purpose; district boundaries.

In order to protect the rich architectural and/or cultural heritage of the Township and the State, to awaken in our people an interest in our historic past and to promote the general welfare, education and culture of the Township, and because no concentration of historic buildings are extant, the East Whiteland Historical District is hereby created and its boundaries described:
A. 
The limits of the East Whiteland Historical District shall be the boundaries of East Whiteland Township.

§ 101-3 Filing; when effective.

Immediately upon the adoption of this chapter, the Township Secretary shall forward a copy thereof to the Pennsylvania Historical and Museum Commission. This chapter shall not take effect until said Commission has certified, by resolution, to the historical significance of the aforementioned district.

§ 101-4 Board of Historical Architectural Review; membership; vacancies. [1]

A Board of Historical Architectural Review, hereafter referred to as "the Board," is hereby created to be composed of five members, appointed by the Board of Supervisors, one of whom shall be a registered architect, one a licensed real estate broker, one the Chief Building Inspector of the Township, and two additional persons with a knowledge of and interest in the preservation of the District.
A. 
The initial terms of the first five members appointed to the Board shall be as follows: One shall service until the first Monday of January, 1975, two until the first Monday of January, 1976, and two until the first Monday of January, 1977.
B. 
Their successors shall serve for a term of five years.
C. 
Should any member of the Board appointed in his capacity as a registered architect, as a licensed real estate broker, or as the Chief Building Inspector of the Township, cease to be so engaged, his position on the Board shall be automatically vacated.
D. 
An appointment to fill any vacancy on the Board shall be only for the unexpired portion of the term.
E. 
The Board shall have the right to make recommendations for appointees to the Board of Supervisors, for unfulfilled terms or full terms.
[1]
Editor's Note: See also Ch. 10, Boards and Commissions, Art. III, Historical Commission.

§ 101-5 Board's powers and duties; organization.

The Board shall counsel the Board of Supervisors regarding the advisability of issuing any certificates or permits required to be issued pursuant to Act No. 167, as amended,[1] and this chapter. The Board may make and alter rules and regulations for its own organization and procedure, consistent with this chapter and the laws of the Commonwealth. A Board member shall be required to disqualify himself from voting on any issue or application in which his financial interests are directly or indirectly involved. A majority of the Board shall constitute a quorum, and action taken at any meeting shall require the affirmative vote of that majority. The members of the Board shall serve without compensation, and shall make an annual report of their transactions to the Board of Supervisors. The Board may, on approval of the Board of Supervisors and within limits of appropriations made by the Board of Supervisors for such purchases, employ secretarial assistants, pay their salaries and incur other necessary expenses.
[1]
Editor's Note: See 53 P.S. § 8001 et seq.

§ 101-6 Certificate of appropriateness required prior to construction.

No permit shall be issued for the reconstruction, alteration, restoration, demolition, or razing of any building, structure, site or area, in whole or in part, in the Historical District until the Board of Supervisors shall have issued a certificate of appropriateness.

§ 101-7 Sign permits.

Applications for permits to erect, alter or modify signs shall be processed in the same manner as applications for permits to alter or modify a building, structure, site or area.

§ 101-8 Board to receive permit application.

Upon receipt of an application for a permit for the reconstruction, alteration, restoration, demolition, or razing of any building, structure or site in the Historical District, the Chief Building Inspector shall act in accordance with established procedures, except that, in addition, he shall forward to the Board, two copies of the application for a permit, together with copies of any plot plan and building plans specifications filed by the applicant.

§ 101-9 Application review.

Upon receipt by the Board of the aforementioned application and plans, the Board may schedule a meeting with the applicant or his authorized representative for the purpose of reviewing the application. The Board may invite to such meeting any other person or persons whose counsel or presence it deems advisable.

§ 101-10 Criteria for certificate of appropriateness.

In determining the counsel to be given the Board of Supervisors concerning the issuance of any certificate of appropriateness or permit required by this chapter, the Board shall consider the following:
A. 
The effect of the proposed change upon the general historic and/or the original architectural nature of the district;
B. 
The appropriateness of exterior architectural features, including signs, which can be sen from a public street or way only; and
C. 
The general design of exterior features, including signs, texture, material, color arrangement, and the relation of such factors to similar features of other buildings or structures in the Historical District.

§ 101-11 Recommendation against certificate of appropriateness; recourse.

If, on the basis of the information received at the aforementioned meeting, and from its general background and knowledge, the Board decides to recommend against the granting of a certificate of appropriateness, it shall so indicate to the applicant for a permit and shall stipulate changes in the plans and specifications, which, in the opinion of the Board, would protect the distinctive historical character of the District. The Board shall withhold its report to the Board of Supervisors for a period of two weeks following its decision to allow the applicant to decide whether or not to make the suggested changes in his plans and specifications. If the applicant agrees to make the suggested changes, he shall so advise the Board in writing, and the Board shall then counsel the Board of Supervisors within 60 days from the receipt of the application, said application shall be deemed approved.

§ 101-12 Report to Board of Supervisors.

After reviewing an application and approving any changes in plans and specifications, as provided in § 101-11 of this chapter, the Board shall submit in writing to the Board of Supervisors its recommendations concerning the issuance or denial of a certificate of appropriateness and any other permit(s) required for the reconstruction, alteration, restoration, demolition, or razing of all or a part of any building, structure, or site within the Historical District. The written report shall set out the following facts:
A. 
The exact location of the site on which the work is to be done.
B. 
The exterior changes to be made or the exterior character of the structure to be erected.
C. 
A list of the surrounding buildings and structures, if relevant, with their general exterior characteristics.
D. 
The effect of the proposed change upon the general historic and/or architectural nature of the district.
E. 
The general design, arrangement, texture, material and color of the building or structure as they relate to similar features of buildings or structures elsewhere in the district.
F. 
The opinion of the Board (including any dissent) as to the appropriateness of the work proposed and as to whether it will preserve or destroy the historic aspect and nature of the district.
G. 
A specific recommendation as to the issuance or nonissuance by the Board of Supervisors of a certificate of appropriateness.

§ 101-13 Approval or denial of certificate of appropriateness.

Upon receipt of the written report of the Board, as provided in § 101-12 of this chapter, the Board of Supervisors shall consider at a subsequent regular meeting, the question of issuing a certificate of appropriateness. The applicant shall be advised by the Township Secretary of the time and place of such meeting and shall have the right to be heard. If the Board of Supervisors approves the application, it shall issue a certificate of appropriateness authorizing the Chief Building Inspector to issue a permit. Should the Board of Supervisors disapprove, it shall do so in writing, and copies shall be sent to 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 and/or architectural character of the District.

§ 101-14 Notice of denial; appeals.

Upon receipt of the written disapproval of the Board of Supervisors, the Chief Building Inspector shall withhold the application for a permit and so advise the applicant. The applicant may appeal from the disapproval as provided by law and Chapter 65, Building Construction, of the Code of the Township of East Whiteland.

§ 101-15 Enforcement.

The Chief Building Inspector shall have the power to institute any proceedings at law or in equity necessary for the enforcement of this chapter in the same manner as in his enforcement of the Chapter 65, Building Construction, of the Code of the Township of East Whiteland as presently enacted or as the same may from time to time be amended.