[HISTORY: Adopted by the Board of Commissioners
of the Township of Radnor 11-28-2005 by Ord. No. 2005-27; amended in its entirety 7-16-2007 by Ord. No.
2007-29.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Existing buildings — See Ch. 132.
Design review — See Ch. 150.
Zoning — See Ch. 280.
[1]
Editor's Note: This ordinance has an effective
date "90 days following enactment."
This chapter shall be known and cited as the
"Historic Districts Ordinance" of the Township of Radnor, Delaware
County, Pennsylvania.
This chapter is established pursuant to authority
contained in the Pennsylvania Act of June 13, 1961, No. 167, as amended.
This chapter is enacted for the purpose of protecting
historic areas located within Radnor Township, identified as the "Radnor
Historic Districts." This chapter is intended to protect and enhance
the North Wayne Historic District, the Louella Court Historic District,
and the South Wayne Historic District for the educational, cultural,
economic, and general welfare of the public through preservation,
protection, and regulation of buildings of historic interest or importance
within the Districts. It is the further intent of this chapter to
safeguard elements of architectural history throughout the Districts
which have been determined to be of historic significance.
As used in this chapter, the following terms
shall have the meanings indicated, unless otherwise expressly stated.
Applicable regulations in conjunction with these definitions shall
be complied with.
An extension or increase in the footprint, floor area, or
height of the principal building or an accessory building.
Any individual, firm, association, partnership, corporation
or other legal entity which shall be required to make application
under this chapter.
The Board of Commissioners of the Township of Radnor.
Any combination of approved materials to form construction
for occupancy and/or use.
A building that is not a principal building on a lot and
which is used for purposes that are entirely incidental and subordinate
to those of the principal building. For purposes of this definition,
garden sheds, bathhouses, and similar types of buildings shall not
be included under the terms of this definition.
The main building on a lot or any building that is not an
accessory building. Every single-dwelling, two-family, multifamily
or nonresidential building shall be construed as a principal building
for the purposes of this chapter.
The approval by the Township that certifies to the historical
appropriateness of a particular request for the erection, addition
or demolition of all or part of a building within an historic district
and authorizes the application for required permits.
The dismantling or tearing down of all or part of any building.
The Community Development Department or other department
designated by the Township Manager.
The Director of Community Development of the Township or
other employee designated by the Township Manager.
The North Wayne Historic District, the Louella Court Historic
District, and the South Wayne Historic District, as set forth under
the provisions of this chapter.
The construction of a principal building, addition or accessory
building under the provisions of this chapter.
The Board of Historical and Architectural Review as appointed
by the Board of Commissioners.
The Township of Radnor, Delaware County, Pennsylvania.
A.
The provisions of this chapter shall apply only to
property within the North Wayne Historic District, the Louella Court
Historic District, and the South Wayne Historic District, as certified
by the Pennsylvania Historical and Museum Commission in accordance
with the Act of June 13, 1961, P.L. 282, as amended, 53 P.S. § 8001
et seq. "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 Architectural
Review; empowering governing bodies of political subdivisions to protect
distinctive historical character of these districts and to regulate
the erection, restoration, demolition or razing of buildings within
historic districts."
B.
The boundaries of the North Wayne Historic District,
the Louella Court Historic District, and the South Wayne Historic
District shall be designated on the Historic Resources Map that shall
be available for public inspection at the Township Municipal Building
and is attached as Exhibit A to this ordinance.
C.
No principal building or accessory building shall
be erected, altered by addition, or demolished, in whole or part,
without full compliance with the provisions of this chapter and other
applicable regulations of the Township.
D.
No person shall commence any work for the erection,
addition or demolition of any principal building, addition or accessory
building in whole or in part without obtaining a certificate of appropriateness
as provided hereinafter.
A.
Establishment. The Board of Commissioners hereby establishes
a Board of Historical Architectural Review (HARB) for the purposes
of administering the provisions of this chapter.
B.
Membership. The HARB shall be residents of the Township
and consist of five members who shall, at the discretion of the Board,
preferably include the following: one registered architect; one licensed
real estate broker; and one person with technical knowledge in the
field of building codes and inspections in the construction industry.
The remaining two members shall have knowledge and interest in the
preservation of historic districts.
C.
Terms of office. The term of office shall be for a
period of five years. As first established, the Board of Commissioners
shall appoint one member to serve for a period of three years, two
members to serve for a period of four years, and two members to serve
for periods of five years. Vacancies on the HARB shall be filled by
the Board of Commissioners.
D.
Rules. The HARB shall elect from its membership a
Chair and adopt rules and regulations to conduct business. Three members
shall constitute a quorum. Approval, conditional approval, or denial
of an application shall be by majority vote. A tie vote shall constitute
a denial of an application.
E.
Meetings. The HARB shall schedule public meetings
on a regular basis, or meetings shall be at the call of the Chair.
F.
Records. Records of all business transacted shall
be filed in the Department. An annual report shall be filed following
December 31, or at the request of the Board of Commissioners.
G.
Responsibilities. The HARB shall serve as an advisory
body to the Board of Commissioners regarding the issuance of a certificate
of appropriateness in accordance with the provisions of this chapter.
In reviewing applications for the issuance of
a certificate of appropriateness, the HARB shall consider only those
matters that are pertinent to the preservation of the historical aspects
of each of the districts certified to have historical significance,
including the following:
A.
Historical values representing the cultural, political,
economic or social history of the Township.
B.
Relationship of the building to historic personages
or events.
C.
Character-defining development patterns:
(1)
The Louella Court District's overall development pattern
is a prominent, focal, large estate building in the center of a ring
of smaller homes, sharing a particular range of scale, with a central
boulevard circulation pattern leading up to the middle of the front
facade of the focal building.
(2)
The North Wayne District's overall development pattern
is a multiple block grid street pattern of street-facing homes of
varying scales that mainly share a common range of front setbacks.
(3)
The South Wayne District's overall development pattern
is a multiple block grid and curvilinear street pattern of street-facing
homes of varying scales that mainly share a range of common front
setbacks.
D.
Significant architectural features of a certain historical
period and type of construction:
E.
Architectural additions and features proposed by the
applicant.
F.
Design of the building as it relates to the historic
character of the district. Consideration may be given to the following
in evaluating applications:
(1)
Preserving the overall relationship between the width
of the front of the building and the height of the front of the building.
(2)
Preserving the overall relationship amongst the buildings
within each district's development pattern.
(3)
Preserving the overall relationship of width to height
of windows and doors.
(4)
Preserving the existing entrances or projections where
possible or, if altering them, maintaining a pedestrian scale.
(5)
Preserving the architectural details of the building,
including but not limited to cornices, roof pediments, lintels, arches,
balustrades and chimneys.
(6)
Preserving roof shapes, such as gable, mansard, hip,
flat, and/or other roof shapes.
(7)
Preserving compatibility with surrounding buildings
in each district.
(8)
Making every attempt, if making horizontal or vertical
additions, to retain architectural details.
A.
Applications. Prior to the filing of an application,
Township staff may meet with applicants and refer them to design standards
and guidelines adopted by the Township. Upon the filing of an application,
the Director shall review the application to determine if it is subject
to review by the HARB under the provisions of this chapter. Applications
shall be filed with the Director 15 calendar days prior to the meeting
of the HARB, on forms provided by the Department. The Director shall
review the application to certify all required information has been
submitted and refer same to the HARB for consideration at its next
meeting. Incomplete applications shall be rejected and returned to
the applicant. Where the HARB fails to take action on an application
within 45 calendar days from the date of submission, such application
shall be deemed approved unless the applicant has agreed, in writing,
to an extension of time.
B.
If the application of a commercially-zoned property
which is located within a district is under review by the Design Review
Board, then one or more members of the HARB shall be permitted to
participate in that portion of the Design Review Board meeting at
which said application is being reviewed and to make whatever recommendations
consistent with this chapter for the Design Review Board's consideration
of that application.
C.
Required information. Applications shall contain the
name and address of the owner, name of the applicant if different
than the owner, address of the property, description of the work,
and any other information, where relevant, which the Director may
require in order to process the application. Applications shall also
be accompanied by the following information, required to review the
application:
(1)
Site plans drawn to scale prepared by an engineer
or surveyor registered in the Commonwealth of Pennsylvania.
(2)
Architectural plans prepared by a registered architect
or engineer, including building elevations where necessary, of the
proposed construction drawn to scale, and such other information which
the HARB may require to review the application consistent with the
terms of this chapter.
D.
Review of applications. In determining whether to recommend approval of an application, the HARB shall consider the design guidelines set forth in § 178-7 of this chapter and such other guidelines developed by the HARB pursuant to the objectives of this chapter. Applicant will allow access to the subject property by HARB members for inspection of the project at such reasonable times and upon reasonable notice and confirmation of said notice by the applicant.
E.
Time frame for HARB decisions. Within 10 calendar
days following the final review of an application by the HARB, a written
communication shall be forwarded to the applicant recommending the
following:
(1)
Approval of the application as submitted.
(2)
Approval of the application subject to changes and
conditions not included in the application as submitted. Failure by
the applicant to accept conditions of approval shall be deemed a denial
of the application.
(3)
Denial of an application, setting forth the reasons
for such denial based upon the provisions of this chapter.
(4)
The date on which such application will be considered
by the Board of Commissioners.
F.
Report to the Board of Commissioners. Within 30 days
following HARB's final review of an application, a report of HARB's
recommendations shall be provided to the Board of Commissioners. Such
report shall include the name of the applicant, the address of the
property, the nature of improvements, and any other information the
Board may require.
G.
The Board of Commissioners shall either:
(1)
Approve or deny the certificate of appropriateness
consistent with action taken by the HARB in connection with building
and/or demolition.
[Amended 10-13-2008 by Ord. No. 2008-13]
(2)
Approve the application and authorize a certificate
of appropriateness with modifications to the HARB recommendation.
[Amended 10-13-2008 by Ord. No. 2008-13]
(3)
Reverse the recommendation of the HARB.
H.
Where an application is modified or denied by the
Board, the applicant shall be notified in writing of the reasons for
such action and advised of its right of appeal under provisions of
this chapter.
The Director shall be responsible for the enforcement
of the provisions of this chapter and shall review the progress of
the building and report to the Board of Commissioners and to the HARB
as may be necessary to ensure compliance with this chapter.
This chapter shall not apply to any development
or land disturbance occurring after its effective date to a development
or land disturbance that:
Any individual, firm, association, partnership,
corporation, or other legal entity which shall violate any provision
of this chapter shall, upon conviction thereof, be subject to a fine
of not more than $1,000. Each day that a violation continues shall
be deemed a separate offense.
Fees for the administration of this chapter shall be charged in accordance with the fee schedule set forth in Chapter 162, Fees, of the Township Code.
The provisions of this ordinance are severable,
and if any section, sentence, clause, part or provision thereof shall
be held illegal, invalid or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect or impair
the remaining sections, sentences, clauses, parts or provisions of
this section. It is hereby declared to be the intent of the Board
of Commissioners that this section would have been adopted if such
illegal, invalid or unconstitutional section, sentence, clause, part
or provision had not been included.
