[Amended 12-1-2020 by Ord. No. 20-18]
A.
Any activity visible from a public way, excluding alleys, requiring
the issuance of a demolition or building permit by the municipality
for the erection, alteration, reconstruction, repair, restoration,
demolition or demolition by neglect of all or a part of any building
within the HARB Zone A shall require the issuance of a certificate
of appropriateness by Municipality Council.
A.
Upon receipt of a completed application for a building
permit or a certificate of appropriateness for work to be done in
the district, the Building Inspector shall act in accordance with
the procedures being followed in that office, except those procedures
that are modified by the following requirements:
(1)
The Building Inspector shall determine whether the
work proposed needs to be forwarded to the HARB staff for administrative
approval review. If so, he shall forward copies of the completed application
for a building permit, together with copies of any plot plan and building
plans and specifications filed by the applicant to the HARB.
(2)
The Building Inspector shall not issue a building
permit for any erection, alteration, reconstruction, repair, restoration
or demolition of all or part of any building in the HARB Zones until
the Municipality of Norristown Municipality Council has issued a certificate
of appropriateness. If the Building Inspector or his or her representative
issues a building permit without a COA due to an administrative or
clerical error, said building permit shall be voided.
[Amended 11-16-2010 by Ord. No. 10-20]
B.
Applications for certificate of appropriateness shall
be accompanied by the following:
(1)
For demolition permits:
(a)
Photographs of the building, structure or part
thereof proposed for demolition;
(b)
Photographic evidence and written description
of the deteriorated condition of the building or structure;
(c)
Reason(s) for the demolition;
(d)
Explanation why rehabilitation, reuse, plan
alteration or stabilization with the intent to market and sell the
property is not feasible or desirable;
(e)
Proposed future use of the lot or part thereof
occupied by the building;
(f)
Timeline for implementation of proposed future
use;
(g)
Statement on disposition of architectural features/building
materials.
(2)
For construction permits:
(a)
Architectural drawings with appropriate notes indicating conformity with the design guidelines listed below in Subsection J;
(b)
Colored photographs of the lot or structure
where the construction, reconstruction or assembling is to occur and
streetscapes adjacent to and directly across the public street from
the proposed construction activity;
(3)
The Building Inspector shall require applicants to submit a sufficient number of additional copies of material required to be attached to a completed application for a building permit or certificate of appropriateness so that the information needed to make the determination set forth in § 31-12H(1) through (8) will be available.
(4)
The Building Inspector shall maintain in his office
a record of all such applications and final dispositions of the same.
C.
Board review of applications. Upon receipt of a completed
building permit or certificate of appropriateness application under
the jurisdiction of this chapter, the HARB shall consider such at
its next regularly scheduled meeting or special meeting.
D.
Notification of application of the HARB meeting. The
owner of record or his or her representative(s) applying for a certificate
of appropriateness and/or a building permit shall be advised of the
time and place of said meeting and be invited to appear to explain
his or her reasons at least 10 days before the HARB meeting. The HARB
may invite such other persons as it desires to attend its meeting.
E.
Preservation guidelines. In determining both oral and written recommendations to be presented to the Municipality of Norristown Municipality Council concerning the issuance of a certificate of appropriateness authorizing a permit for the erection, alteration, reconstruction, repair, restoration, demolition, or demolition by neglect of all or a part of any building within the HARB Zones, the HARB shall consider the preservation guidelines set forth in § 31-10, and any such preservation guidelines developed by the HARB pursuant to and congruent with the objectives of this chapter.
[Amended 11-16-2010 by Ord. No. 10-20]
F.
Time frame for Board decision. The HARB shall render a decision and recommendation on any application for a building permit under its review no later than 45 business days after the hearing/meeting provided for in § 31-9 of the Ordinance and shall submit, in writing, to the Municipality of Norristown Municipality Council recommendations concerning the issuance of a certificate of appropriateness.
[Amended 11-16-2010 by Ord. No. 10-20]
G.
Application disapproval by the HARB. If the HARB decides
to advise against the granting of a certificate of appropriateness,
it shall so indicate to the applicant for a building permit. The disapproval
shall indicate to the applicant the changes in plans and specifications,
if any, which would protect the distinctive historical character of
the HARB Zones and the architectural integrity of the building or
structure. If the applicant determines that he or she will make the
necessary changes, he or she shall so advise the HARB, which shall
in turn advise the Municipality Council accordingly.
[Amended 11-16-2010 by Ord. No. 10-20]
H.
Contents of written report. The written report to
Municipal Council concerning the HARB’s recommendations on the
issuance of a certificate of appropriateness "COA" shall be deemed
to include the statements of recommendation on the COAs from the HARB
Secretary, consultant or architectural historian, which may be forwarded
to Council under separate cover. The report proper shall set up the
findings of fact that shall include, but not be limited to, the following
matters:
[Amended 11-16-2010 by Ord. No. 10-20]
(1)
The
COA number.
(2)
The
street address of the site at which the work will be performed.
(3)
The
effect of the proposed change upon the general and local historic
and architectural nature of the pertinent historic district.
(4)
The
appropriateness of exterior architectural features of the building
which can be seen from a public street or way, and how they relate
to the features of nearby buildings.
(5)
The
opinion of the HARB as to the appropriateness of the work or project
proposed as it will preserve or destroy the historic character and
nature of the building or the pertinent historic district.
(6)
The
specific recommendations of the HARB based on findings of fact or
compromises reached as to the issuance by the Municipality of Norristown
Council or its refusal to issue a certificate of appropriateness.
I.
Public meeting to consider certificate of appropriateness.
Council shall consider each recommendation from the HARB for a certificate
of appropriateness and appeals from applicants according to the following
procedure:
[Amended 11-16-2010 by Ord. No. 10-20]
(1)
Municipal
Council shall consider, at a public meeting, within 20 business days
of the HARB meeting, whether the Building Inspector shall issue a
certificate of appropriateness. The Municipal Administrator shall
notify both the applicant and the HARB of the date, time, and location
of the public meeting.
(2)
The procedure for review of appeals by applicants denied a recommendation for a certificate of appropriateness by the HARB shall consist of Council review of the written report, and/or a presentation by a representative the HARB, a presentation by the applicant or his or her representative, public comment, Council comment, and then a public vote. Municipal Council shall consider appeals within the same time frame as provided for in § 31-12I(1).
J.
Preservation guidelines. In determining whether or not to certify to the appropriateness of the proposed erection, alteration, reconstruction, repair, restoration or demolition, of all or a part of any building within the HARB Zones, the Municipality of Norristown Municipality Council shall consider the same factors as the HARB set forth in § 31-10 of this chapter and the report of the Board.
[Amended 11-16-2010 by Ord. No. 10-20]
K.
Approval by the Municipality of Norristown Municipality
Council. If the Municipality of Norristown Municipality Council approves
the application, it shall issue a certificate of appropriateness authorizing
the Building Inspector to issue a permit for the work covered.
[Amended 11-16-2010 by Ord. No. 10-20]
L.
Disapproval by the Municipality of Norristown Municipality
Council. If the Municipality of Norristown Municipality Council disapproves,
a written reason(s) shall be given to the Building Inspector, 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
character of the district and the architectural integrity of the building
or structure. Upon receipt of a written disapproval of the Municipality
of Norristown Municipality Council, the Building Inspector shall disapprove
the application for a building permit and so advise the applicant.
The applicant may appeal this disapproval to the County Court of Common
Pleas within the time specified by law.
[Amended 11-16-2010 by Ord. No. 10-20]
M.
Final notification by Municipality of Norristown Municipality
Council. In either case of approval or disapproval, the Municipality
of Norristown shall notify the applicant of its decision within five
working days of its meeting at which the application was considered.
[Amended 11-16-2010 by Ord. No. 10-20]
N.
Administrative
approval recommendation. If the applicant wishes only to make in-kind
repairs, the HARB consultant, or, in the consultant’s protracted
absence, a designated building inspector with the necessary qualifications
and experience to evaluate historic property, after interviewing the
applicant, and possibly viewing the property, may, if those repairs
are determined to be truly in-kind, immediately issue a provisional
COA as an “administrative approval.” In such cases, the
consultant or building inspector shall represent the applicant at
the next HARB meeting, where the applicant need not appear, and the
HARB shall vote on and issue its recommendation to Council for final
approval. Such provisional approval may be used for issuing a building
permit, if one is required for the work described.
[Added 11-16-2010 by Ord. No. 10-20]
O.
Duration
of certificates of approval. Certificates of appropriateness issued
by Norristown Council shall be valid for the same length of time as
all zoning approvals granted by the Municipality pursuant to the Pennsylvania
Municipalities Planning Code.[1]
[Added 11-16-2010 by Ord. No. 10-20]
[1]
Editor’s Note: See 53. P.S. § 10101 et seq.
