[Added 10-7-1997 by Ord. No. 218]
The Historic Preservation Article is designed
to:
A.
Promote the general welfare by protecting the integrity
of the historic resources of Concord Township.
B.
Establish a clear process by which proposed changes affecting historic resources, such as requests for demolition of, or special exception or conditional uses for, or any subdivision or land development or construction within 300 feet of an historic resource as described in §§ 210-183.6 and 210-183.7, are reviewed by the Concord Township Historical Commission and the Board of Supervisors.
C.
Mitigate the negative effects of proposed changes
on historic resources.
D.
Encourage the continued use of historic resources
and facilitate their appropriate reuse.
E.
Tailor protective measures to those clearly delineated
historic resources in Concord Township worthy of preservation.
F.
Encourage the preservation of historic settings and
landscapes.
G.
Discourage the unnecessary demolition of historic
resources.
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this article to have
the meanings indicated below:
A.
The present tense includes all other tenses; the singular
includes the plural, and the plural includes the singular; the masculine
gender includes the feminine and neuter; the word "used" includes
the words "designed" or "arranged;" the word "person" includes any
individual, estate, trust, fiduciary, partnership, association, corporation
or any other organization or entity, including the principal officers
thereof or any person or entity acting directly or indirectly by,
through or under any of the foregoing; the word "occupied" includes
the words "designed, or intended to be occupied;" the word "structure"
includes "building"; the word "shall" is always mandatory; the word
"may" is always permissive and the words "as amended" as applied to
any statute, ordinance, code, regulation, plan or map includes replacements,
supplements or restatements thereof; and reference to a particular
article, section or subsection which inherently refers to other articles,
sections or subsections, includes all articles, sections or subsections
referred to.
B.
The word "Township" means Concord Township, Delaware
County, Pennsylvania; the term "Board" or "Board of Supervisors" means
the Board of Supervisors of the Township; the term "Planning Commission"
means the Planning Commission of the Township; and "Commission" or
"Historical Commission" means the Historical Commission of the Township.
C.
The terms "such as" and "including" are intended to
introduce matters which are illustrative of the meaning of the sentence,
clause or phrase in which such terms appear without limiting or derogating
from the general application of the sentence, clause or phrase in
which such terms appear.
Historic resources in Concord Township shall be as shown upon the map attached to and made part of this article which shall be designated "Historic Resources Map," prepared by Thomas Comitta Associates, Inc., Town Planners & Landscape Architects, dated August 12, 1997, last revised August 18, 1997. Said map and all the notations, references and other data shown thereon and the inventory attached hereto compiled by the Concord Township Historical Society, dated August 10, 1997, last revised August 17, 1997, are hereby incorporated herein by reference into this article and shall be as much a part of this article as if all were fully described herein.[1]
A.
Classifications. The Historic Resources Map delineates resources by classification. Three classifications of historic resources in Concord Township are defined as follows:
(1)
Class I:
(a)
Buildings on the National Register.
(b)
Contributing resources in a registered historic
district, i.e., buildings, sites, structures and objects filed as
such with the National Register of Historic Places.
(c)
Buildings, sites, structures, objects and districts
which have received a determination of eligibility (DOE).
(2)
Class II. Historic resources and districts not
meeting National Register criteria, but determined to be of historical
significance (for example, more than 100 years old or related in some
way to an important person or significant to local history) to Delaware
County and/or Concord Township and appropriately documented to that
effect by the Concord Township Historical Commission.
(3)
Class III. Historic resources and districts included in the Historic Resources Map of the Historical Commission and not included in either Class I or Class II above.
B.
Revisions. The Historic Resources Map shall be reviewed as needed but at least once each calendar year every year and revised if needed by legislative action of the Board of Supervisors, after a public hearing.
(1)
In considering any revisions, including additions, deletions or changes of classification to the Historic Resources Map, the Board of Supervisors shall afford the Historical Commission an opportunity to supply a written recommendation.
(2)
The owner(s) of any property(ies) which is the
subject of any such proposed legislative action shall be given written
notice of the Historical Commission's recommendation to the Board
of Supervisors at least 30 days prior to the public hearing.
C.
Official inventory. The Historical Commission shall maintain an updated inventory of resources shown on the Historic Resources Map and their respective classifications for Concord Township.
[1]
Editor's Note: Said Historic Resources Map and Historic Resources Inventory are located at the end of this chapter.
A.
Establishment and membership. There is hereby established
an Historical Commission which shall consist of five members who shall
all be residents of Concord Township, and who shall be appointed by
the Board of Supervisors. The membership of the Commission shall include
individuals who have an interest in history, archaeology or historic
preservation.
B.
Each Commission member shall serve for a term of three
years which shall be so fixed that no more than two terms shall expire
each year. The Commission shall notify the Board of Supervisors of
any vacancies in the Commission. Appointments to fill vacancies for
unexpired terms shall be only for the unexpired portion of the term.
C.
Members shall serve without pay, but shall be reimbursed
for any personal expenditures in the conduct of Commission business
when authorized by the Board of Supervisors.
D.
The Board of Supervisors may, after a hearing, remove
any member of the Commission from office for inefficiency, neglect
of duty, malfeasance in office or conflict of interest.
E.
Organization. The Commission shall annually elect
from its own membership a Chairman, who will direct the activities
of the Commission, and such other officers as may be required for
the conduct of its business. A quorum shall be not less than a majority
of the current membership. The Commission may make, alter and rescind
rules and forms for its procedures consistent with the ordinances
of the Township and laws and regulations of the commonwealth. The
Commission shall keep full public records of its business and shall
submit a monthly report of its activities to the Board of Supervisors.
F.
Expenditures for services. Within the limits of funds
appropriated by the Board of Supervisors, the Commission may employ
staff or contract for clerical, consulting or other technical services.
G.
Functions and duties. In accordance with the purposes
of this article, the Commission's primary purpose is to advise the
Board of Supervisors and the Zoning Hearing Board of Concord Township
on matters pertaining to the historic resources of Concord Township
and shall have the following functions and duties:
(1)
Gather documentary evidence, illustrations, photographs and other appropriate materials to establish historic sites worthy of listing in the Historic Resources Map and to maintain a system for the continued survey and inventory of historic buildings, sites, structures, objects and districts in Concord Township.
(2)
Conduct research on and nominate significant
resources to the National Register of Historic Places and any other
appropriate lists or programs.
(3)
Advise the Building Inspector and Board of Supervisors on the issuance of demolition permits for historic resources, as set forth in § 210-183.6.
(4)
Review and comment on subdivision or land development
applications which contain historic resources, or are within 300 feet
of an historic resource, in accordance with the requirements and procedures
of the Concord Township Subdivision and Land Development Ordinance,[1] this article and other applicable ordinances.
(5)
Make recommendations to the Board of Supervisors concerning revisions, updates or corrections to the Historic Resources Map.
(6)
Maintain an updated inventory which clearly identifies buildings, sites, structures, objects and districts and their respective classifications on the Historic Resources Map.
(7)
Consider, promote and, with the approval of
the Board of Supervisors, apply for technical and financial assistance
from appropriate local, county, state, federal and other agencies
in the preservation of significant historical and architectural sites
within the Township and to report all related actions to the Board
of Supervisors.
(8)
Prepare and submit a yearly budget to the Board
of Supervisors for sums deemed necessary to carry out the objectives
of the Commission.
(9)
Assist individual property owners with decisions
pertaining to historic resources in terms of their use and maintenance.
(10)
Identify resources suffering from neglect and
confer and advise with property owners to alleviate and correct neglect
situations.
(11)
Advise the Building Inspector and Board of Supervisors
on all requests for special exceptions, conditional uses or variances
affecting historic resources.
(12)
Perform any other activities as might be requested
by the Concord Township Board of Supervisors.
A.
No Class I or Class II historic resource, as defined on the Historic Resources Map, may be demolished unless the property owner obtains a permit and complies with this section. Demolition includes demolition by neglect which refers to leaving a building or structure or other resource open to vandalism or vulnerable to decay by the elements. Unoccupied structures are required to be tightly sealed and fenced off and the utilities turned off for safety.
B.
Permit requirements. No Class I or Class II historic
resource within Concord Township shall be demolished unless in compliance
with the applicable standards and procedures of the Township building
and fire codes. In particular, the Building Inspector, or such other
person or agency charged by the Board of Supervisors with the issuance
of permits for demolitions, shall not issue a permit for any proposed
demolition that is not in compliance with those requirements and,
as applicable, with the requirements of this section. If such a resource
is determined to be a victim of neglect and the owner fails to rehabilitate
the resource or apply for a demolition permit, the Township may then
determine that the property is being demolished and may request a
demolition permit application from the owner and require the owner
to participate in the permit process.
C.
Proposed demolition of historic resources. All applications to demolish a Class I or Class II historic resource, as defined on the Historic Resources Map, that are received by the Township will be forwarded to the Board of Supervisors for acceptance at its next public meeting. This meeting will begin the review period, at the end of which, or prior if appropriate, the Board of Supervisors will render a decision. The review period begins with the acceptance of the application and ends at the Board's monthly meeting three calendar months after acceptance of the application.
D.
Following the Board's acceptance of the application,
the Historical Commission shall review the application and may appoint
a Project Manager to work with the property owner on processing the
application.
E.
Application requirements for historic resources. In
addition to applicable requirements under the Township building and
fire codes, any property owner seeking a permit to demolish a Class
I or Class II historic resource shall provide a written report of
the following with regard to that historic resource. Some of the information
required may be obtained through the Historical Commission; however,
it is the property owner's responsibility to produce the report.
(1)
Owner of record.
(2)
Identification, description and classification from the Historic Resources Map.
(3)
Site plan showing all buildings and structures
and all historic resources on the property.
(4)
Recent photographs of the resource proposed
for demolition.
(5)
Reasons for the demolition.
(6)
Method of demolition.
(7)
Future uses of the site and of the materials
from the demolished resource.
(8)
Alternatives to demolition.
F.
Review by the Concord Township Historical Commission.
After the property owner has provided the information required and
the Historical Commission has reviewed the findings and discussed
alternatives with the property owner, the Historical Commission will
review the application at its next public meeting. The property owner
shall be notified of the meeting and requested to present evidence
or testimony pertaining to the demolition at the meeting. In reviewing
the application, the Commission shall take into account:
G.
Initial recommendation of the Concord Historical Commission.
Within the review period, unless the property owner has agreed, in
writing, to an extension of time, the Commission shall recommend one
of the following courses of action to the Board of Supervisors:
(1)
The Commission may recommend that the Board
issue a certificate of appropriateness to the Building Inspector to
issue the demolition permit.
(2)
The Commission may elect to request additional time, as specified in Subsection H below, to provide adequate opportunity for the Commission to document the resource proposed for demolition, prior to the actual demolition of the resource. Such documentation may include photographs, floor plans, measured drawings, archaeological survey and any other comparable form of documentation required by the Commission.
(3)
The Commission may recommend that the demolition permit be denied because an economically viable alternative use has been found for the historic resource. This alternative use may be in concurrence with the property owner, or may require additional time as specified in Subsection H below, to resolve the issues around the alternative use.
H.
Time extension. The Commission or the property owner may request an extension of the review period in order to resolve the issues around the issuance of the demolition permit as stipulated in Subsection G above. Each extension shall be mutually agreed upon and shall be for a specified period of time.
I.
Action by Board of Supervisors. The Board of Supervisors,
within the time frame specified herein and after reviewing all available
information, shall take final action upon the application and, where
appropriate, issue a certificate of appropriateness to the Building
Inspector.
[Amended 12-1-1998 by Ord. No. 227]
A.
In addition to the uses permitted by right, special exception or conditional use in the various zoning districts of Concord Township, each Class I or Class II historic resource dwelling, barn, outbuilding or other building as defined on the Historic Resources Map[1] in these districts shall be entitled to continue any use in existence for a continuous period of not less than 25 years at the time of adoption of this Ordinance. Subject to the following provisions, such Class I or Class II historic resource dwelling, barn, outbuilding or other building shall be entitled to one or more of the additional use opportunities specified in Subsections B and C of this section.
[Amended 12-4-2001 by Ord. No. 265]
(1)
Compliance with the standards and procedures
contained in applicable sections of this article.
(2)
Preparation of historic resource study as defined
in § 210-183.10.
(3)
Review and recommendation by the Historical
Commission.
(4)
Additional requirements set forth in this section.
(5)
Approval of the Board of Supervisors, following
a conditional use hearing.
[1]
Editor's Note: The Historic Resources Map is located at the end of this chapter.
B.
Additional dwelling unit. An additional dwelling unit, over and above existing zoning requirements, may be allowed in an historic dwelling, barn, outbuilding or other building as defined on the Historic Resources Map,[2] provided that the following conditions are met:
(1)
The additional dwelling unit has no more than
two bedrooms.
(2)
There is sufficient off-street parking, to the
rear or side, to accommodate two additional vehicles, and the additional
unit will not require or generate additional vehicle parking beyond
the two provided.
(3)
Any additions/alterations to the existing historic structure, and all landscaping, must conform to existing zoning and subdivision and land development ordinance requirements and should follow as closely as possible the most recent edition of the Secretary of the United States Department of the Interior's Standards for Rehabilitation (defined in Subsection D below) and the most recent edition of the Secretary of the Interior's Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
(4)
The dwelling unit shall be totally contained
within the historic resource.
(5)
Property containing an historic resource shall
be of sufficient size to comply with the zoning requirements of the
district for two dwelling units.
(6)
The dwelling unit may be in the form of an apartment
unit in the historic dwelling or may be wholly contained within the
barn, outbuilding or other building.
[2]
Editor's Note: The Historic Resources Map is located at the end of this chapter.
C.
Conditional uses. The historic dwelling, barn, outbuilding or other building as defined on the Historic Resources Map[3] may be utilized for the uses listed below, provided that the conditions set forth in Subsection D of this section are met:
(2)
Cultural studio/facility. A studio used for
artistic instruction or education used by artists, photographers,
dancers, craftsmen, artisans and/or used by artists to produce artistic
objects and/or a facility for public viewing of artistic, educational
or historic objects that would allow the selling of the objects on
view, such as museums, galleries, as well as antique shops, provided
that it includes only the display and sale of objects and does not
include the repair, finish/refinish, construction or preparation of
objects for sale.
(3)
Educational/social center. A facility, on a
lot of not less than five acres, for educational and business conferences,
including teleconferencing, as well as private parties and gatherings,
to include the preparation and serving of food and beverage to the
guests, but does not include a public restaurant.
(4)
Flower shop. An establishment for the retail
sale of flowers, plants and floral arrangements prepared on site.
(5)
Indoor recreational facility. A facility for
athletic activities involving physical exercise, fitness and health
maintenance, such as aerobics, racquetball, handball and tennis.
(6)
Funeral home. An establishment in which the
dead are prepared for burial or cremation and in which wakes and funerals
may be held.
(7)
Educational farm. A facility, on a lot not less
than 10 acres in size, making use of its current farming facilities
and usage to provide instruction in farming history, methods, techniques
and farm animals as practiced in Concord Township and Delaware County,
Pennsylvania.
[3]
Editor's Note: The Historic Resources Map is located at the end of this chapter.
D.
The conditions that must be met in order for the historic dwelling, barn, outbuilding or other building as defined on the Historic Resources Map[4] to be utilized for the above defined conditional use are
as follows:
(1)
The historic resource is located on a lot five
acres or more or, if on a lot one to five acres, the activity generated
by the proposed use is located at least 300 feet from any residential
dwelling.
(2)
The use conforms to existing fire and safety
regulations.
(3)
There is sufficient off-street parking to accommodate
the use, which parking conforms to the following:
(a)
Parking spaces do not exceed eight allowable
spaces per acre of available lot coverage.
(b)
Parking is at least 100 feet from any residential
dwelling located on adjacent property, is placed to the side or rear
of the main structure and is sufficiently landscaped to shield the
parking area from residential view.
(4)
Lighting is limited to providing sufficient
lighting for safety and security of customers of the establishment,
but does not impinge on neighboring residential character, as determined
by the Historical Commission.
(5)
The conditional use does not include a liquor
license.
(6)
Entertainment is not provided by the property
owner or lessee (leasing agent), but is allowed if a customer provides
the entertainment, the entertainment conforms to existing ordinances
and includes no amplified music audible from the outside.
(7)
Hours of operation are limited to 8:00 a.m.
to 11:00 p.m., excluding time required for set up and clean up.
(8)
Any addition/alteration to the existing historic
structure, and all landscaping, must conform to the existing zoning
and subdivision and land development ordinance requirements.
(9)
Board approval or rejection.
(a)
In determining whether to approve or reject
the proposed addition or alteration, the Board of Supervisors shall
consider the effect which the proposed addition/alteration will have
upon the general historic and architectural nature of the Township.
The Board shall pass upon the appropriateness of the proposed exterior
architectural features which can be seen from a public street or way
and shall consider the general design, arrangement, texture, material
and color of the building or structure and the relation of such factors
to similar features of buildings and structures in the Township. In
evaluating the proposed addition/alteration, the Board shall consider:
[1]
Broad historical values representing
the cultural, political, economic or social history of the Township.
[2]
The relationship of the structure
with historic personages or events.
[3]
Specimen architectural types representative
of a certain period and a style or method of construction.
[4]
The effect of the proposed change
upon the general historic and architectural nature of the Township.
[5]
The appropriateness of exterior
architectural features which can be seen from a public street or way.
(b)
In its review the Board may rely upon, where
appropriate, the most recent edition of the Standards for Rehabilitation
and the Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings of the United States Department of Interior.
[4]
Editor's Note: The Historic Resources Map is located at the end of this chapter.
E.
An applicant requesting a conditional use shall follow, as applicable, the provisions of Article XXVII, Conditional Uses, and in addition shall comply with the following:
(1)
The request for a conditional use shall be accompanied
by an historic resource study complying with the provisions of § 210-183.10,
Historic resource study.
(2)
At the conditional use hearing conducted by
the Township or its designee a representative from the Historic Commission,
when requested by the hearing body, may be present and offer testimony
and evidence on behalf of the Historic Commission.
(3)
Applicants shall have the option of submitting
the historic resource study to the Historic Commission prior to filing
the application request for a conditional use and meeting with the
Historic Commission to discuss the request for a conditional use.
A.
The Zoning Hearing Board, through the grant of a variance,
may approve requested modifications to the otherwise applicable lot
size, lot dimension or yard requirements for plans affecting Class
I and Class II historic resources, if it is necessary in order to
preserve and protect an historic resource, as long as it does not
adversely affect water supply, sewer systems and off-street parking.
B.
In a cluster development, the minimum lot area of
specific lot(s) may be lowered to as low as a quarter acre and averaged
with others in order to provide additional acreage within the historic
resource.
C.
The lot dimensions and/or yard requirements for an
historic resource and the lots adjacent to the historic resource may
be adjusted, if no alternatives exist, in order to preserve the historic
resource on its own lot.
[Amended 12-1-1998 by Ord. No. 227]
A.
Residential development.
(1)
In the preservation and use of a Class I and/or
Class II historic resource, there shall be included a lot area of
sufficient size to preserve those portions and features of the historic
resource which are significant to its historical, architectural and
cultural values. As a minimum, no lot line shall be closer than 85
feet to a Class I or Class II historic resource.
(2)
After the lot area of the Class I and/or Class II historic resource is determined in accordance with Subsection A(1) above, the remaining number of buildable lots that would be allowed on the parcel by the Zoning Ordinance may be reduced in size, if necessary, to accommodate that same number on the parcel, to not smaller than 20,000 square feet or 10, 000 square feet in a cluster development.
B.
Nonresidential properties. For each additional acre,
above the minimum required lot area for the historic resource, remaining
with the historic resource, an additional 1% of building coverage
may be permitted for nonresidential properties.
A.
Applicability. A historic resource study is required
when any of the following are proposed:
(1)
When a developer or landowner files an application
for approval of a subdivision or land development plan which proposes
construction of buildings and other structures, streets, ways and
parking facilities, common open space and/or public facilities or
any other facility or improvement requiring subdivision and/or land
development approval pursuant to the provisions of the Concord Township
Subdivision/Land Development Ordinance[1] located within 300 feet of the exterior walls of any Class
I or Class II historic resource.
(2)
Any application or plan which proposes a conditional use as defined in § 210-183.7, Conditional use provisions.
(3)
General bridge or highway construction or substantial
repair passing within 300 feet of the exterior walls of any Class
I or Class II historic resource.
B.
The historic resource study shall be prepared by the
developer and/or land owner and submitted to the Commission. The study
may utilize the records contained within the jurisdiction of the Commission.
C.
Contents. The study shall contain at least the following
information:
(1)
Background information.
[Amended 12-1-1998 by Ord. No. 227]
(a)
A general site description, including topography,
watercourses, vegetation, landscaping, existing drives, etc.
(b)
General description and classification of all
historic resources located on the subject tract, on tracts immediately
adjacent to the subject tract or road, or within 300 feet of the subject
tract or road.
(d)
An assessment of the significance of each historic
resource, both relative to the Township and region in general.
(2)
Proposed change.
(a)
General description of project, including timetable
or phases.
(b)
Description of effect on each historic resource identified in Subsection C(1)(b) above, with regard to architectural integrity, historic setting and future use.
(c)
General description of effect of noise and traffic
and any other consequence generated by the proposed change on each
historic resource.
(3)
Mitigation measures.
(a)
Recommendations for mitigating the project's
effect on historic resources, including design alternatives, buffering,
screening, tree replacement, berming, fencing, landscaping and any
other appropriate measures permitted or required under the terms of
this article and any Township ordinance or any other federal or state
regulations.
(b)
Measures to control traffic, noise, odor or
other emissions which may have an adverse effect on the historic resource.
(c)
Other mitigation measures may include, but need
not be limited to:
[1]
Any new construction cannot be
closer than 85 feet to the historic resource.
[2]
Any structure to be built within
300 feet of a historic resource must have 10% glass on any wall facing
the historic resource and the public way, and the design must include
a vertical bay design with a sixteen-foot-to-twenty-four-foot dimension
for each bay, and the gable end of the roof must face the historic
resource.
(d)
Concord Township Historical Commission. The
Historic Resource Study will be reviewed by the Commission. The Commission
shall set forth its evaluation and recommendations in a written report.
The provisions of this Article XIXA shall not
be construed to repeal, abrogate or impair any existing easements,
covenants or deed restrictions applicable to historic resources and
any such existing easements, covenants or deed restrictions shall
remain in full force and effect, enforceable by any and all parties
in interest.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency except Article XX, Floodplain Conservation District, of the Zoning Ordinance of Concord Township, which is not repealed or amended and its provisions shall remain in full force and effect.
