The intent of this article is to establish standards
and criteria for the protection of environmentally sensitive areas
of the Township, including floodplains, wetlands, steep slopes and
very steep slopes, woodlands and areas with mature trees and historic
resources. More specifically, these provisions are designed to:
A. Preserve natural environmental resources and maintain
ecological stability by:
(1) Strictly controlling the use of floodplains.
(2) Promoting the proper development of steep and very
steep slopes.
(3) Maintaining groundwater resources through the provision
of areas for groundwater recharge.
(4) Avoiding the disruption of woodlands and the removal
of specimen trees.
B. Preserve historic and cultural resources and the visual
character of the landscape by:
(1) Promoting the preservation of significant historical
and cultural sites and structures.
(2) Discouraging development in areas that will create
significant changes in the visual character of the Township, particularly
its stream courses and major drainage swales.
(3) Encouraging the use of natural resource areas to preserve
existing environmental quality and amenity values.
C. Protect the health and safety of all residents and
visitors and minimize threats to property through the promotion of
sound land development practices.
D. Aid in the implementation of the Comprehensive Plan
and the attainment of its goals and objectives.
This article regulates the circumstances in
which development, improvements or demolition may occur on land areas
in the Township consisting of or containing the following natural
and man-made resources:
A. Floodplains, in accordance with §
300-60.
B. Steep slopes and very steep slopes, in accordance with §
300-62.
C. Specimen trees, in accordance with §
300-63.
D. Historic sites, in accordance with §
300-64.
[Amended 6-12-2023 by Ord. No. 2023-1]
A. Intent. The intent of this §
300-62 is to protect hillsides and their related soil and vegetative resources, thereby minimizing adverse environmental effects. Specific objectives include the following:
(1) Conservation and protection of steep and very steep
slopes from inappropriate development such as excessive grading, land-form
alteration and extensive vegetation removal.
(2) Avoidance of potential hazards to life and property
and the disruption of ecological balance that may be caused by increased
runoff, flooding, soil, erosion and sedimentation, blasting and ripping
of rock and landslide and soil failure.
(3) Protection of the entire Township from uses of land
that may result in subsequent expenditures for public works and disaster
relief and adversely affect the economic well-being of the Township.
(4) Encouragement of the use of steep and very steep slopes
for open space and other uses that are compatible with the conservation
and protection of natural resources.
B. Applicability and scope. This §
300-62 regulates the circumstances in which any use may occur on areas of steep slope or very steep slope. The regulations of this §
300-62 apply to all districts in the Township.
C. Disturbance
of ground cover.
(1) No
person shall directly or indirectly disturb vegetative ground cover
on more than the following percentages of each classification of land:
Slope classification
|
Permissible area (maximum percent)
|
---|
Steep (15% to 25%)
|
15%
|
Very steep (greater than 25%)
|
5%
|
(2) For steep and very steep slope distribution in excess of those set forth in §
300-62C(1), conditional use authorization from the Board of Commissioners is required.
D. Permitted uses in areas of steep slope and very steep
slope. The following uses and no other are permitted in areas of steep
slope and very steep slope:
(1) Agricultural uses not requiring cultivation or structures.
(2) Game preserve, wildlife sanctuary, woodland preserve
or similar conservation uses not requiring structures.
(4) Sealed water supply wells with the approval of the
Township Engineer.
(5) Front, side or rear yards and required lot area for
any district, provided that such yards are not to be used for on-site
sewage disposal systems or for non-wire fences or any other structures.
E. Prohibited uses in areas of steep slope and very steep
slope. The following uses and activities are specifically prohibited
and shall not be subject to variance:
(1) Structures, other than those associated with §
300-62D and
F.
(2) Cut and fill, other than in conjunction with uses associated with §
300-62D and
F.
(3) Soil, rock or mineral extraction.
(5) On-site sewage disposal systems.
(6) Roads, driveways and parking lots, other than those associated with §
300-62G(5).
F. Conditional uses in areas of very steep slope. The Board of Commissioners is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards of §
300-62H and
I:
(1) Agricultural cultivation and agricultural uses requiring
structures.
(2) Conservation uses requiring structures.
(3) Passive recreation uses requiring structures.
(4) Utility easements and rights-of-way.
(5) Accessory structures to any permitted uses included in §
300-62D.
(6) Individual driveways accessory to single-family detached
dwellings only if the Board of Commissioners determines that no practicable
alternative alignments exist.
G. Conditional uses in areas of steep slope. The Board of Commissioners is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards of §
300-62H and
I:
(2) Single-family detached dwellings, when permitted in
the district in which the property is located.
(3) Recreation use, whether open to the public or restricted
to private membership, such as parks, camps, picnic areas and golf
courses, when permitted in the district in which the property is located.
not to include enclosed structures excepting toilet facilities but
permitting small shelters usually found in developed outdoor recreational
areas. Any toilet facilities provided shall be connected to central
water and sewage systems.
(4) Stormwater management facilities.
(5) Roads, driveways and parking lots, where required by the regulations for the district applicable to the lot without consideration of this §
300-62, provided that no practicable alternative alignments or locations exist.
(6) Central sanitary sewer systems.
(7) Accessory uses and structures customarily incidental to uses identified in this §
300-62F.
H. Standards for conditional uses or variances. The Board of Commissioners, in considering a use as a conditional use and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of §
300-62A and shall consider the following:
(1) Degree of modification proposed to the topographic,
soil and vegetation resources.
(2) Techniques and extent of mitigation proposed to offset
potential adverse environmental effects.
(3) Effects on adjacent and neighboring properties.
(4) Consistency of proposed uses with the objectives of §
300-62A.
I. Additional standards for conditional uses or variances.
An affirmative decision shall not be issued by the Board of Commissioners
for conditional uses nor by the Zoning Hearing Board for variances
unless there is evidence that:
(1) Development is being proposed on areas of steep slope
or very steep slope only because no other alternative location is
practicable.
(2) Earthmoving activities and vegetation removal will
be conducted only to the extent necessary to accommodate the proposed
uses and structures and in a manner that will not cause excessive
surface water runoff, erosion, sedimentation and unstable soil conditions.
(3) Mitigation techniques will be utilized, including
but not limited to retaining walls, tree wells, the establishment
of ground covers and/or low spreading shrubs and the use of erosion
control fabric.
(4) Proposed structures will be of sound engineering design
and footings will be designed in response to the site's slope, soil
and bedrock characteristics.
J. Application procedures for conditional uses or variances. An application for a zoning permit shall be filed with the Code Enforcement Officer who shall make an initial determination on the application. For a use other than those permitted in §
300-62D, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Commissioners or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Code Enforcement Officer. The application for conditional use or use by variance shall be accompanied by the following:
(1) Plans drawn to a scale of at least one inch equals
50 feet depicting the following:
(a)
Location, dimensions and elevation of the property.
(b)
Existing and proposed uses and development.
(c)
Existing and proposed contours at two-foot intervals.
(d)
Location and boundaries of steep slopes and
very steep slopes.
(e)
Cross-sections and elevations of the property
and proposed structures.
(f)
Existing and proposed land cover characteristics
of that portion of the property within the area of steep slope or
very steep slope, indicating wooded areas, open areas, ground cover
types, any areas with impervious surfaces and subsurface soil types.
(2) Photographs showing existing uses, vegetation and
topography of areas of steep slope or very steep slope.
(3) Narrative report describing the slope, soil and vegetation
characteristics of that portion of the property within the area of
steep slope or very steep slope. Such report shall also describe:
(a)
Proposed types of structures and methods of
construction, types of foundation system(s) to be employed and proposed
landscaping, sewage disposal and water supply.
(b)
Sediment and erosion control measures.
(c)
Engineering and conservation techniques intended
to alleviate adverse environmental effects that may be created by
the proposed use.
[Added 2-11-2008 by Ord. No. 2008-5]
A. Intent:
(1) To establish as a matter of public policy that the
preservation and protection of historic resources are public necessities
and are in the interest of the health, culture, prosperity and welfare
of the citizens and the Township of Marple.
(2) To protect the historic resources of Marple Township
by encouraging their preservation, restoration, rehabilitation, and
sensitive reuse in the community.
(3) To encourage orderly and efficient development that
recognizes the special value to Marple Township of its fragile, nonrenewable
historic and cultural resources.
(4) To create and provide a means for additions and updates
to the Marple Township Historic Resources Inventory, through recommendations
made by the Historical Commission and through public input in identifying
historical, architectural and cultural buildings, settings and landscapes.
(5) To provide opportunities for owners of local historic
properties to consult with the Historical Commission on appropriate
ways to improve their properties to be eligible for special building
and zoning code considerations and to apply for various private and
public preservation incentives.
(6) To maintain or improve property values in Marple Township
now and in the future.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
APPLICANT
A person, organization, society, association, corporation
or any governmental agency or representative thereof who wishes to
demolish an historic resource.
DAY
Calendar day, unless specifically noted otherwise in the
text as a business day. Business days exclude all days when Township
offices are officially closed.
DEMOLITION BY NEGLECT
Allowing an historic resource to lose its historic integrity
or usefulness by failure to provide necessary and timely maintenance.
DEMOLITION or DEMOLISH
The removal or destruction of all or a significant part of
an historic resource, such that the historic integrity of the historic
resource is lost. Demolition includes, but is not limited to, removal
or relocation of the historic resource from its current location,
destruction of a facade or exterior wall surface, removal or replacement
of significant elements of the historic resource, or loss of historic
material due to fire, flood, or other disaster. Examples include,
but are not limited to:
(1)
Moving the resource to another location.
(2)
Removal of any portion of any roof or exterior
wall, or of any significant building elements such as cornices, doors,
windows, porches, or chimneys.
(3)
Covering of any portion of any roof or exterior
wall, or of any significant building elements.
(4)
Removing all or part of a resource that has
been damaged by a fire.
HISTORIC INTEGRITY
The authenticity of a property's historic identity, evidenced
by the survival of physical characteristics that existed during the
property's historic period.
HISTORIC RESOURCE
A building, structure, site, or object listed in the Marple
Township Historic Resource Inventory.
INVENTORY
The Marple Township Historic Resource Inventory.
OBJECTOR
A person, organization, society, association, corporation
or any governmental agency or representative thereof, any of which
resides in or pays taxes to the Township, who wishes to object to
a permit application for demolishing an historic resource.
OWNER
A person, organization, society, association, corporation
or any governmental agency or representative thereof who has legal
right to the historic resource.
C. Demolition permit application requirements.
(1) Permit required.
(a)
No applicant or owner shall, without first obtaining
a permit as herein provided, demolish an historic resource.
(b)
In cases where a permit is not required, or
prior to filing for a permit, an applicant or owner of an historic
resource is encouraged to consult with the Historical Commission to
discuss the project and obtain recommendations on how best to retain
the historic integrity of the resource.
(2) Permit application. Applicants wishing to demolish
or otherwise alter an historic resource shall apply to the Code Official
for a permit for demolition. The application shall contain the following:
(a)
Date of filing the application.
(c)
Owner of record if different from applicant.
(d)
Address and description of building or structure
to be demolished.
(e)
Two copies of a site plan showing and clearly
labeling all buildings, structures, plantings and features of the
property.
(f)
Two sets of photographs of the property showing
the following:
[1]
The resource in the context of its surroundings.
[2]
Each side of the building.
(g)
Scope of work being proposed.
(i)
Financial information supporting any claims
of financial hardship, if financial hardship was presented as a reason
for demolition.
(j)
Method of demolition including disposition of
materials from demolition.
(k)
Proposed uses of the site following demolition
of the resource.
(l)
Permit application fee of $100 or standard permit
fee, whichever is less.
(m)
Permission for employees of the Township and
members of the Historical Commission to visit, inspect, and record
the condition of the property.
(3) Initial review of application.
(a)
The Code Official shall notify the Township
Manager, the Historical Commission, the Planning Commission, and the
Board of Commissioners of the application for demolition permit within
seven days of acceptance of a properly filed application, including
application fees. One copy of the permit application and supporting
materials will be provided to the Historical Commission.
(b)
If within 21 days after the application for
demolition permit an objection is filed with the Township by an objector,
or by the Historical Commission, then the application shall be considered
contested. The objection is to be filed in writing, and shall include
the reason for the objection.
[1]
Objections are to be filed with the Code Official.
[2]
Copies of the objection shall be sent to the
Historical Commission.
[3]
Copies of the objection shall be sent to the
applicant.
(c)
If within 21 days after the application for
demolition permit no objections are filed with the Township, then
the application shall be returned to the Code Official for reviews
and approval as required by other Township regulations and codes.
(4) Review of contested application.
(a)
Within 60 days after receipt of objection by
the Code Official, the Historical Commission, or selected representatives
thereof, shall meet with the applicant to review the application.
[1]
The period for holding this meeting may be increased
if agreed to by the Commission and the applicant.
[2]
The application shall be considered abandoned
if the applicant or his/her representative does not appear at the
meeting.
(b)
At the meeting between the Historical Commission
and the applicant, the applicant shall present the case for demolition,
and other approaches that may be acceptable will be discussed.
[1]
At the conclusion of the meeting, the parties
can agree to either accept the application or amend the application.
The Commission may also choose to reject the application. Any decision,
including modifications suggested or agreed upon, is to be recorded
in writing by the Commission. Copies will be sent to the applicant,
Code Official, Township Manager, Planning Commission, and Board of
Commissioners.
[2]
If the application is approved by the Commission,
or approved with modifications, the Board and Planning Commission
will have 31 days to comment. If there is no comment from the Board
or Planning Commission, the application shall be returned to the Code
Official for reviews and approval as required by other Township regulations
and codes.
[3]
If the application is rejected by the Commission,
the applicant has the right to request a review by the Board of Commissioners.
The Board may decide either to have representative(s) of the Board
meet with the Commission and applicant or have a public hearing. If
the representative(s) of the Board meets with the Commission and the
applicant, the parties can agree to either accept the application
or amend the application. If no agreement can be made, then the applicant
has the right to request a public hearing by the Board of Commissioners.
(c)
At any time after filing an objection to the
demolition permit, the objecting party may withdraw the objection
by giving written notice of such withdrawal to the Code Official.
[1]
The Code Official shall notify the Board and
Historical Commission of withdrawal with seven days.
[2]
The Historical Commission shall have seven days
to respond to the withdrawal, which will consist either of an acceptance
of withdrawal or a request to continue with the review.
[3]
If there are no further objections, if withdrawal
of objection has been accepted by the Historical Commission, and if
the twenty-one-day objection period has expired, the application shall
be considered approved by the Historical Commission, and the application
shall be returned to the Code Official for reviews and approval as
required by other Township regulations and codes.
(d)
If a public hearing is held on the application,
the following shall occur:
[1]
The Historical Commission shall state the nature
of the application, the nature of the objection, and provide a brief
summary of the Historic Resource.
[2]
The applicant shall be allowed to present further
information to support the application.
[3]
Any objectors shall be allowed to present further
information to support their objection.
[4]
The Board of Commissioners and the applicant
may agree to postpone the public hearing to a later date.
(e)
The Board shall consider the following factors,
among other factors deemed appropriate by the Board, before reaching
its decision on the application:
[1]
The purposes of this section.
[2]
The opinion of the Historical Commission.
[3]
The opinion, if offered, of the Planning Commission.
[4]
The historical, architectural or aesthetic significance
of the building, structure, or site features.
[5]
The design and compatibility of the proposed
work with the character of its site, including the effect of the proposed
work on neighboring structures.
[6]
The physical condition of the building, and
whether the owner has made acceptable efforts to maintain the building.
[7]
Whether the building or structure can be used
for any purpose for which it is or may be reasonably adapted. To that
end, the owner must demonstrate that the sale of the property is impracticable;
and that rental cannot provide a reasonable rate of return. The objector
must also provide his, her, or its recommendations for the continued
use of the building in question.
[8]
Where an application for demolition is based
on economic hardship, the Board may lessen its requirements in order
to account for the economic situation involved.
(f)
The Board of Commissioners shall render a decision
and shall issue a written decision within 45 days of the public hearing.
The decision shall contain the findings of fact that constitute the
basis for the decision. The Board shall furnish the applicant, the
objector, and the Historical Commission with a copy of the decision.
The decisions of the Board may be as follows:
[1]
Approval of the application with no additional
documentation. The application shall be returned to the Code Official
for reviews and approvals as required by other Township regulations
and codes.
[2]
Approval of the application with conditions.
The permit application shall be approved by the Board, contingent
upon the completion of additional building documentation as outlined
below, or other conditions as determined appropriate by the Board.
Other conditions may include changes to the proposed demolition, or
subsequent construction. Upon acceptance of the additional documentation
by the Board and Historical Commission, the application shall be returned
to the Code Official for reviews and approvals as required by other
Township regulations and codes.
[3]
Rejection of the application. The application
shall be returned to the Code Official for denial of the permit application.
[4]
Request for additional information. If the Board
feels that a decision is not possible due to insufficient information,
it may require the submission of additional information for the purpose
of reconsideration of the application. If the application is to be
reconsidered, an additional public hearing will be scheduled, consistent
with the procedures outlined above for the initial public hearing.
Additional information that may be requested may include, but not
be limited to, the following:
[a] Amount paid for property, date
of purchase and party from whom purchased, including a description
of the relationship, whether business or familial, if any, between
the owner and the person from whom the property was purchased.
[b] Assessed value of the land and
improvements thereon according to the most recent assessment.
[c] For depreciable properties, a pro
forma financial statement prepared by an accountant or broker of record.
[d] All appraisals obtained by the
owner in connection with his purchase or financing of the property
or during his ownership of the property.
[e] Bona fide offers of the property
for sale or rent, price asked and offers received, if any.
[f] Any consideration by the owner
as to adaptive uses for the property, including the historic resources.
[g] In cases where additional information
is requested, the Board shall have an additional 45 days to review
and issue an updated decision.
(g)
In cases where the Board approves the issuance
of a demolition permit, the approval will be good for a six-month
period unless upon written request the Board agrees to extend the
time period.
(5) Appeal of decision. Any party to the hearing before
the Board of Commissioners aggrieved by a decision of the Board may,
within 30 days after receiving notice of the decision, seek judicial
review of that decision in any court of competent jurisdiction.
D. Documentation of historic resources. In cases where
the issuance of a demolition permit is approved, the Historical Commission
shall require that the building or structure be recorded, at the applicant's
expense.
(1) The Commission will issue a list of items of documentation
to be prepared, which may include, but not be limited to, the following:
(a)
A detailed description of the resource and its
context, including topography, vegetation, landscaping, driveways
and associated structures and features.
(b)
Detailed site plan of the resource.
(c)
Measured floor plans and exterior elevations.
(d)
Measured drawings of individual elements of
the resource.
(e)
Comprehensive photographic record of the resource
and its context.
(f)
Chain of title or other information related
to the history of the resource.
(g)
Statement of the significance of the resource
and its context to the Township and environs.
(2) Two copies of such documentation are to be delivered
to the Historical Commission for review and approval.
(a)
Quality and scale of drawings and other documentation
are to be of a level acceptable to the Historical Commission.
(b)
If approved by the Historical Commission, the
Code Official is to be notified of approval.
[1]
One copy of documentation is to be given to
the Code Official to add to the property information on file.
[2]
One copy of documentation is to be retained
by the Historical Commission for archiving.
(c)
In cases where the demolition of resource is
permitted, the Commission has the right to request that the applicant
fabricate and erect an historical marker designed by the Commission.
E. Conditional and special exception uses for historic
resources.
(1) Conditional uses. In addition to the uses permitted
by right or special exception use in the various zoning districts
in Marple Township, the Board of Commissioners may authorize conditional
uses for historic resources in order to encourage their retention
and facilitate appropriate adaptive reuse. Such conditional uses may
include professional or business offices, cultural facilities, eating
and drinking establishments and guest houses or inns in residential
districts and any such similar uses in industrial, institutional or
open space districts. Applications for such conditional uses shall
meet the following criteria:
(a)
The use shall not generate high levels of vehicular
traffic, nor noise, noxious odors, air pollution or glare.
(b)
The manner, location and hours of operations
and of deliveries to the premises shall be compatible with the daily
cycle of active and quiet periods associated with any adjacent residential
uses.
(c)
The use shall complement other uses in the district,
creating a mixed-use character that contributes towards an increased
rate of pedestrian access to local services, minimized auto-trip generation
and additional security for district businesses.
(d)
Mixed-use structures containing residences shall
have nonresidential uses only on a level or floor below residential
uses.
(2) Special exception uses. The Zoning Hearing Board is
authorized to grant special exceptions for modifications to the development
standards dimensions relevant to an historic resource for applications
meeting the following criteria:
(a)
Granting of a special exception is necessary
to encourage the retention and appropriate adaptive reuse of the historic
resource.
(b)
Granting of a special exception will have minimal
detrimental effect on adjacent and neighboring properties.
(c)
Any proposed rehabilitation, alteration, or
enlargement of an historic resource shall be in substantial compliance
with the Secretary of the United States Department of the Interior's
standards for rehabilitation.
F. Penalties and remedies.
(1) Penalties.
(a)
Failure by the applicant or owner to comply
with this section shall constitute a violation hereof.
(b)
Any applicant or owner violating any of the
provisions of this section shall be subject to a fine of not more
than $600 for each offense plus court costs, including reasonable
attorney fees incurred as a result thereof, or in default of payment
of the fine, imprisonment not exceeding 90 days.
(c)
Each day that a violation continues shall constitute
a separate offense. All fines collected shall be deposited into the
Township general fund and shall be used for historic preservation
or for general Township use.
(d)
If demolition occurs without a permit, the Township
reserves the right to prohibit future building permits or subdivision
approvals for the property for a period of up to five years from the
date of either the demolition or upon the completion of any subsequent
Township reviews or of any legal proceedings, whichever is latest.
(2) Remedies.
(a)
An applicant or owner who demolishes a building
or structure in violation of the provisions of this section, or in
violation of any conditions or requirements specified in a permit
issued pursuant to this section, may be required by the Board to restore,
reconstruct, and/or relocate the building or structure involved to
its appearance and/or location prior to the violation.
(b)
Such restoration, reconstruction, and/or relocation
may be in addition to, and not in lieu of, any penalty or remedy available
under this section or any other applicable law.
(c)
In the event any building or structure is demolished
in violation of this section, the Board may institute appropriate
proceedings in any court of competent jurisdiction to prevent or remedy
such unlawful demolition.
(3) Demolition by neglect.
(a)
Any owner of an historic resource who has allowed
that historic resource to be damaged or demolished as the result of
neglect shall be subject to the same enforcement remedies as an owner
who knowingly violates this section by demolishing an historic resource
without a permit for demolition or who violates the conditions of
the permit.
(b)
In addition to any penalties listed above, the
Township may elect to purchase the historic resource through eminent
domain, with the purpose of either rehabilitating the resource at
Township expense or selling the property to a third party who will
agree to rehabilitate the resource.
(4) Ordinary maintenance. This section shall not be construed
to prevent the ordinary maintenance or repair of any building or structure,
where such work does not require a permit by law, and where the purpose
and effect of such work is to correct any deterioration or decay of,
or damage to, a building or structure and to restore the same to its
condition prior to the occurrence of such deterioration, decay, or
damage. Any repairs being performed with materials and techniques
that match the original can be approved by the Code Official after
consultation with the Historical Commission. Notification of and approval
by the Board is not required.
G. Historic Resources Inventory.
(1) The Marple Township Historic Resources Inventory shall
initially consist of the resources listed in the Marple Township Historic
Sites Survey prepared by the Delaware County Planning Department,
1994.
(2) Resources may be added to the inventory from time
to time. Resources may be added that meet one or any combination of
the following criteria:
(a)
Listed in or determined to be eligible for the
National Register of Historic Places as provided in the National Historic
Preservation Act of 1966, 16 U.S.C. 470 et seq.
(b)
Listed in the Marple Township Historic Sites
Survey prepared by the Delaware County Planning Department as updated
from time to time.
(c)
Has significant character, interest, or value
as an example of the development, heritage or cultural characteristics
of the Township, the county, the commonwealth, or the United States.
(d)
Is the site of a significant historic event.
(e)
Exemplifies the cultural, political, economic,
social or historical heritage of the community.
(f)
Embodies distinguishing characteristics of an
architectural style of engineering specimen.
(g)
Is the work of a designer, architect, landscape
architect or engineer whose individual work has significantly influenced
the development of the Township, the county, the commonwealth or the
United States.
(h)
Contains elements of design, detail, materials
or craftsmanship which represent a significant innovation.
(i)
Is the singular known example of a design or
use of material or style of architecture within the Township.
(j)
Is part of the historic context of a square,
park, or other distinctive area which should be preserved, according
to a plan, based on an historic, cultural, or an architectural context.
(k)
Is a landmark; that is, an established and familiar
visual feature which assists in defining the character of the neighborhood,
community or Township due to its unique location or singular physical
characteristic.
(l)
Has yielded or is likely to yield information
of importance to the Township's, county's, commonwealth's, or United
States' history.
(3) The procedure for adding a resource to the inventory
shall be as follows:
(a)
The Historical Commission shall review a potential
historic resource to determine its historic integrity and its ability
to meet the criteria for addition listed above.
(b)
If, in the opinion of the Historical Commission,
the resource is worthy of being added to the inventory, the Commission
shall make such recommendation to the Board of Commissioners.
(c)
The Board shall consider the recommendation
at a public meeting.
[1]
The property owner and public shall have the
right to present to the Board an argument against listing the property
as an historic resource.
[2]
The property owner and public shall have the
right to present to the Board an argument for listing the property
as an historic resource.
[3]
The Board shall review the recommendation by
the criteria for addition listed above, and shall be empowered to
make a decision considering the importance of the resource as an historic
resource as contributing to the public good.
(d)
If the Board of Commissioners agrees with the
recommendation of the Historical Commission, then the resource shall
be added to the inventory.
(e)
If the Board of Commissioners does not agree
with the recommendation of the Historical Commission, then the resource
shall not be added to the inventory. The Historical Commission may
present new information at a later date and request another decision
by the Board.
(4) Resources may be removed from the inventory in the
exceptional cases of resources that have been destroyed or damaged
to such an extent that they have lost their historic integrity.
(a)
The Historical Commission shall be responsible
for determining if a resource is eligible for removal from the inventory.
(b)
If, in the opinion of the Historical Commission,
the resource is worthy of being removed from the inventory, the Commission
shall make such recommendation to the Board of Commissioners.
(c)
If the Board of Commissioners agrees with the
recommendation of the Historical Commission, then the resource shall
be removed from the inventory.
(d)
If the Board of Commissioners does not agree
with the recommendation of the Historical Commission, then the resource
shall remain on the inventory until such time as new information to
warrant another decision can be presented to the Board by the Historical
Commission.